In Defense of Public Defense
For justice to be fair and equitable, communities require qualified and unbiased members of the judiciary, prosecutors, and public defenders. Three years ago, I was selected to serve on a three-person panel overseeing the public defense program in LaPorte County. Just last week, the board began interviewing potential candidates to replace the current Chief Public Defender, Craig Braje, a significant matter within our local legal community. As the general public may not always recognize the importance of public defense and its impact on both the country and the local community, it is important to explain why this aspect of our civic structure deserves attention.
The United States Constitution, namely the Sixth Amendment, guarantees certain rights to those facing criminal charges. However, it was only in the groundbreaking ruling in Gideon v. Wainwright by the Supreme Court in 1963 that these rights were extended to apply at the state level as well. In this case, Clarence Gideon was charged with felony breaking and entering in a Florida state court. He was denied a court-appointed lawyer because state statutes only provided free legal representation in capital offense cases.
As a result of Gideon v. Wainwright, there was a significant shift towards fairness and balance in the criminal justice system. It provided a tool for judges to assist those unable to afford legal counsel in a community, placed a greater responsibility on lawyers to provide legal services, and created a need for local and state funds to support public defense. As is often the case with government initiatives, public defense was an unfunded mandate. The repercussions of this clarified Amendment demanded action.
The administration of public defense systems varies by state. In Missouri, a centralized state public defender's office with regional branches assigns attorneys to cases and receives funding from state allocations. On the other hand, in Indiana, the responsibility for public defense falls on county-level entities overseen in collaboration by the state. This includes a local board known as the Public Defender Board, which consists of three appointees - one chosen by the county commission, one by the county judiciary, and one by the state Public Defender Commission. "The duties of the board include holding at least four annual meetings, creating a strategic plan, and selecting a Chief Public Defender. If a county chooses to participate in Indiana's funding and oversight system, the cost will be split between the county and the state. LaPorte County has chosen to participate, but Porter County has yet to.
The importance of these arrangements cannot be overstated. LaPorte County allocates approximately $1.4 million annually to public defense. This investment may be concerning when considering the cost of defending those accused of criminal acts. Providing adequate legal defense is not just about seeking justice for the defendant; it is also crucial for the victims and the community as a whole. Regardless of financial status or social standing, everyone has the inherent right to a fair and just trial and competent legal representation. Insufficient support for the public defender system can compromise the integrity of the judicial system and violate fundamental human rights. It can also lead to significant costs in cases of wrongful conviction and settlements. It is the responsibility of our society and community to protect these fundamental principles and ensure that every individual receives a fair trial.
Because he had to defend himself, the poorly educated Clarence Gideon lacked the experience and knowledge to navigate the American legal system. He was sentenced to five years in prison for breaking and entering based on false testimony from a supposed eyewitness. However, after appealing to the Supreme Court and receiving a public defender, Gideon's conviction was overturned when his lawyer proved that the testimony was erroneous and did not occur as claimed. Clarence Gideon deserved justice, and I am grateful to live in a place that strives to ensure that even individuals convicted of crimes can receive it.
