Public defenders rarely make it on the federal bench. Not anymore
The Center for American Progress reported in June meanwhile that, prior to Biden’s presidency, approximately 1% of federal appellate judges had spent most of their careers in roles as public defenders or legal aid attorneys.
Fleming is still awaiting confirmation in the Senate, but his nomination signals both an attempted shift by President Joe Biden to put former public defenders on the federal courts and the skepticism they face on their way to the bench.
Approximately 40% of the nominees Biden selected in 2021 to sit on the federal courts have served as public defenders at some point during their career, according to the White House.
It’s a job formally cemented into the American criminal justice system more than 50 years ago, but experts say there is a stigma surrounding the role public defenders play in the judicial system and whether they are capable of being impartial federal judges, attitudes that have long prevented attorneys for indigent clients from making it onto the federal bench.
Speaking from experience, I wouldn’t trust the PD I had to run a bake sale, let alone sit the bench in court. Her “do nothing” defense is why I’m even dealing with this. That’s why they get called “public pretenders.” When my brother visited me in county, one of the first things he said was “I wish you didn’t have to have a public defender.”
The public defender I had fought tooth and nail for me. He spoke for over an hour on my behalf. Some are bad, some are good I guess. The one thing I will say is that It wasn’t explained to me exactly what “you’ll be subject to Megan’s Law” meant.
Val Jonas was a career Public Defender before she took on our cases. There are some great attorneys in the PD’s office.
State or federal?
State
Speaking from experience, at least you didn’t pay up money and get the same result. There are quite a few “Professional Attorneys” who fit the category of doing f***-all for a client.
Even paid attorneys play game. I had an attorney whose staff were openly biased against me. This attorney was quick to collect a fee, but did nothing to ensure the best outcome for my case.
Once I was incarcerated, I heard about how lawyers have lunch with prosecutors and bargain with them for their best clients, i.e. trading a sex offender’s harsh deal for another (higher paying) client’s lenient one. This way, both the lawyer and the prosecutor get what they want, while they use our lives as chips to further their careers.
Add The Judges to the Mix, and You See What Happens Time And Again-They arrange for Plea Deals so You are Found Guilty anywhere…It is a DISEASED SYSTEM!….This is The Real Pandemic!
Judges, at least in the federal system, aren’t allowed to in any way participate in plea negotiations or in drafting plea agreements.
The only way to make it on the federal bench is by political connections. Most of those appointments come from private law firms that spend major bucks on political campaigns. Thus naturally excludes public defenders. And yes, there is certainly a stigma against public defense. Personally, I don’t want federal defenders anywhere near my case ever again because they totally botched my direct appeal after conviction and sentence by asking only one question under the abuse of trial court’s discretion standard rather than multiple other questions surrounding constitutional issues.
Yep they are afraid that they know and understand the other side of the coin so they’re hang’ em all no mercy attitudes and laws will get changed to justice with mercy the way it was intended. Let’s pray that it is another step twords this country becoming a free society for all once again
I mean this is the state where Shady Grady has run virtually unopposed for four elections in a row. This state is full of people who keep getting reelected who really should be voted out. And in 2018 Florida reenfranchised groups of felons, but not RCs, who are lumped in with violent criminals, even those with no-contact, non violent charges. I’d like to know how many on the registry are there for a possession of CP charge, who never touched anyone and never would.
Long as a federal judge follows and rules based on the Constitution I’m supportive; however if they follow public opinion, government does no wrong, and feelings I’m against them.
We lost our case in a sting operation, and we had a private attorney. Another person in the same sting won on appeal with a public defender. FIGHTING for you with Knowledge and experience can go a long way. I am not saying that a private attorney is not good because they are.
Surprised at the comments below that belittle public defenders for having disagreed with their clients. Whom do we want on the Federal bench, making decisions affecting criminal defendants and the previously-convicted? More prosecutors? More big-law alums?
I have to applaud our current president for bucking conventional practices here, whatever his motivations for doing so.
And I condemn the approach of conservative Senators like Grassley who assume that the court’s main job is to prosecute and punish.
I was appalled to read some Senators were afraid of a bias by former public defenders, as if prosecutors and corporate lawyers aren’t biased. Those two categories of lawyers are likely the most aggressive, ambitious and possibly underhanded in the profession. Has anyone reading here been overcharged by a prosecutor or spent time in pretrial confinement even though you were not a flight risk or accused of a violent crime? Those two things function as tools to intimidate and wear down even innocent defendants, and to complicate communication with defense attorneys.
The most disturbing comment in the article was by Sen. Grassley where he differentiated between “Bill of Rights” judges and “criminal defense” judges. Unless I’m mistaken Senator, the Bill of Rights guarantees counsel for the accused and makes no mention of a lawyer for the government. It is interesting that the senators indicated that defending those accused of child pornography and sexual assault was somehow a black mark for a nominee. Defense attorneys are also “ministers of justice,” and in most cases the only legal bulwark to protect citizens from the government. It is the most reviled who require the most vigorous defense.
“Indeed, the more reprehensible the charge, the more the defendant is in need of all constitutionally guaranteed protection for his defense.” (Danner v. Kentucky, 525 US 1010 (1998), Scalia J., Thomas J., Dissenting).
When asked to define the term “bringing one to justice”, many replies would center around insuring adequately severe punishment. I hold a different view. My answer is that the term means that the process is strictly conducted according to the rule of law, and is not determined by the outcome. If the legal process produces erroneous or undesirable outcomes, we change the law. That is a legislative function, not a judicial one.
Before ripping into public defenders, we must remember that there are competent and incompetent private defense attorneys as well as public defenders. Public defenders are usually paid less by the government and have fewer resources than their prosecutorial counterparts. That alone creates a huge disparity and indicates the dedication of public defenders to achieving true justice.
Veritas.
There is no such thing as an impartial federal judge, I don’t care what path they take to get there. Everyone is an accumulation of their experiences and those experiences affect their decisions. There are no exceptions.
I have hired both criminal and civil attorneys over the last 30 years and what I have come to realize based on that experience is, about 1 in 5 actual know what they are doing and are good at it, 2 in 5 are decent lawyers but won’t put in the time on tougher issues, and the other 2, let’s just say I am amazed they passed the bar.
Alan…You Are Spot ON!
-Most Just Have an ‘Ambulance Chasing’ Mentality!
…I have Spent Over $137K For Nothing!
Where’s Senator Grassley’s concern with Justice Thomas’ wife’s connections to January 6th? Oh wait, that was a tourist visit. Senator Grassley has been in Congress since 1981 and Iowans deserve better representation than him. Time to send Grassley out to pasture where he’ll continue getting farm subsidies. Sorry I can’t stand Senator Grassley.