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.
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.
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.
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.
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.
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.
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.