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Public defenders

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General information, not legal advice. Criminal laws differ by state and change often. For advice about a specific situation, talk to a licensed criminal defense lawyer or a public defender. See the legal disclaimer.

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Key facts: Public defenders are government-paid staff attorneys appointed by courts to represent defendants who cannot afford a lawyer, a right rooted in the Sixth Amendment and recognized for any imprisonable offense, state or federal.[1][2]

A public defender is a lawyer who represents indigent criminal defendants and is paid by the county, state, or federal government rather than by the client.[1]The right to appointed counsel for people who cannot afford a lawyer comes from the Sixth Amendment and applies to prosecutions, state or federal, felony or misdemeanor, that carry a sentence of imprisonment.[2]States and the federal courts use different systems—public defender offices, appointed counsel, contract attorneys, and panel attorneys—to provide this representation.[2]

What public defenders are

A public defender is a lawyer who represents indigent criminal defendants and is a staff attorney of a legislatively created public defender service.[1]Public defenders are appointed by the court and paid by the county, state, or federal government rather than by the person they represent.[1]Because the role is defense work within the criminal law system, a public defender's duties and ethical obligations toward a client are the same as those of any other defense lawyer.[1]

The constitutional right to appointed counsel

The Sixth Amendment guarantees the right to counsel, and the Supreme Court has extended that right so that it applies to any criminal prosecution—state or federal, felony or misdemeanor—that carries a possible sentence of imprisonment.[2]In Gideon v. Wainwright, the Court held that the Sixth Amendment's guarantee of counsel, as applied to the states through the Fourteenth Amendment, required Florida to have appointed a lawyer for a defendant who could not afford one and who had been denied counsel at trial.[3]The Court in that case overruled its earlier decision in Betts v. Brady, which had allowed states to deny appointed counsel to some indigent felony defendants under a 'totality of facts' due-process test.[3]The Supreme Court later made clear in Argersinger v. Hamlin that the right to appointed counsel for an indigent defendant does not depend on whether the offense is classified as a felony or misdemeanor, holding that no accused may be deprived of liberty as the result of any criminal prosecution—felony or misdemeanor—in which he was denied the assistance of counsel.[4]In that case, a defendant had been sentenced to 90 days in jail for an offense punishable by up to six months' imprisonment without ever having been appointed counsel, and the Court reversed.[4]These rulings are part of the broader protections discussed under Sixth Amendment rights.

How to get a public defender

In federal court, when a person entitled to representation appears without a lawyer, the court must advise the person of the right to counsel and that counsel will be appointed if the person is financially unable to obtain one, unless the right is waived.[6]If the court is satisfied, after appropriate inquiry, that the person cannot afford a lawyer, it appoints counsel, and representation continues at every stage of the proceedings from the initial appearance through appeal.[6]If the court later finds the person is financially able to obtain counsel or to make partial payment, it may terminate the appointment or require payment as the interests of justice dictate.[6]State procedures for requesting appointed counsel vary by state and by court, and a person facing charges who wants to know how to ask for a lawyer can review the general steps described under arraignment and Charged with a crime? Start here.

Federal defenders and the Criminal Justice Act

Before 1964, federal judges relied on lawyers' professional obligation to provide pro bono representation to indigent defendants, because there was no authority to pay appointed counsel.[5]The Criminal Justice Act (CJA), enacted in 1964, established a comprehensive system for appointing and compensating lawyers for defendants financially unable to retain counsel in federal criminal proceedings, including reimbursement of expenses and payment for expert and investigative services.[5]In 1970, the CJA was amended to authorize federal defender organizations in districts where at least 200 people annually require appointed counsel, and today there are 83 authorized federal defender organizations employing roughly 4,200 lawyers and support staff across 92 of the 94 federal judicial districts.[5]Federal law requires that each federal district court operate a plan for representation, and that private attorneys be appointed in a substantial proportion of cases.[6]Alongside federal defender organizations, about 13,000 private CJA panel attorneys accept appointments each year, and together federal defenders and panel attorneys represent the vast majority of people prosecuted in federal court; federal defenders receive about 60 percent of CJA appointments and panel attorneys the remaining 40 percent.[5]Panel attorneys are currently paid an hourly rate of $177 in non-capital cases and up to $226 in capital cases, effective for work performed on or after Jan. 1, 2026, with compensation beyond set statutory thresholds requiring approval from the chief judge of the circuit.[5]The chief federal public defender is appointed to a four-year term by the court of appeals of the circuit, a structure intended to insulate the defender from the district court before which the office principally practices.[5]Community defender organizations are non-profit entities incorporated under state law that receive federal judiciary grants and operate under a board of directors, sometimes as part of a larger legal-services nonprofit.[5]

How indigent defense is organized

States and localities provide public defense through several different methods, including public defender programs, assigned or appointed counsel programs, and contracts with private law firms.[2]The federal system similarly delivers defense services through federal public defender organizations, community defender organizations, and CJA panel attorneys.[2]Because these systems are set up at the state or local level outside the federal courts, the details of funding, caseloads, and eligibility procedures vary by state, and the Bureau of Justice Statistics collects data on staffing, budgets, and caseloads across these different systems.[2]For background on how the right to counsel fits into the broader framework of protections for someone facing charges, see constitutional rights of the accused and the overview of the criminal process step by step.

Common questions

Is a public defender an actual lawyer?

Yes. A public defender is a lawyer who represents indigent criminal defendants and is a staff attorney of a legislatively created public defender service, appointed by the court and paid by government.[1]

How do I qualify for a public defender?

In federal court, a judge or magistrate judge must find, after appropriate inquiry, that a person is financially unable to obtain counsel before appointing one, and representation is provided for people charged with a felony or Class A misdemeanor, among other listed categories.[6]State eligibility procedures vary by state and are not detailed in the sources here, but the underlying constitutional right applies to any prosecution that carries a possible sentence of imprisonment.[2]

What's the difference between a public defender and a private lawyer?

A public defender is paid by the county, state, or federal government and is appointed by the court, while a privately retained lawyer is hired and paid directly by the client.[1]In the federal system, appointed representation can also come from private 'panel attorneys' who accept court appointments at set hourly rates rather than their usual private rates.[5]

Does the right to a public defender apply to misdemeanors, or only felonies?

The Supreme Court held in Argersinger v. Hamlin that the right to appointed counsel for an indigent defendant does not depend on whether the charge is a felony or misdemeanor, and that no accused may be deprived of liberty as a result of any prosecution in which he was denied counsel.[4]More broadly, the right to counsel extends to any prosecution, state or federal, felony or misdemeanor, that carries a sentence of imprisonment.[2]

Who decides whether I get a federal defender or a private panel attorney?

In districts served by a federal defender organization, panel attorneys are typically assigned between 30 and 40 percent of CJA cases, generally where a conflict of interest or other factor precludes representation by the federal defender office.[5]In the four federal districts without a defender organization, panel attorneys accept appointments in all CJA cases.[5]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h "Public defender (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j "Indigent Defense". Bureau of Justice Statistics. Retrieved November 2026.
  3. ^ a b c "Gideon v. Wainwright, 372 U.S. 335 (1963)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.
  4. ^ a b c d "Argersinger v. Hamlin, 407 U.S. 25 (1972)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.
  5. ^ a b c d e f g h i j k l m "Defender Services". Administrative Office of the U.S. Courts. Retrieved November 2026.
  6. ^ a b c d e "18 U.S.C. § 3006A". U.S. Code via Legal Information Institute. Retrieved November 2026.