Opinion: Investing in public defenders is essential for justice to be served

If you’ve ever watched a movie or television show about the criminal justice system, you’ve probably heard this phrase before: “You have the right to an attorney. If you cannot afford an attorney, one will be provided to you at no cost.” 

The right to an attorney is enshrined by the Sixth Amendment to the U.S. Constitution and has been affirmed by all three branches of the Pennsylvania government. But, as they say, the devil is in the details. Without proper funding for public defenders or the programs and services that support their work, it can be nearly impossible for public defenders to serve their clients effectively. 

I know these challenges all too well. I’ve been a public defender for more than a decade in a county in a state that provides almost no funding for its public defenders. 

Public defense isn’t just about getting a good outcome in a case; it’s also about setting an individual up to successfully reenter the community and, hopefully, to maintain that success in the long term. When people have access to programs and services like stable housing, food and basic healthcare, they have a fighting chance at success. When they don’t have access to these services, things predictably fall apart. It is in the community’s best interest to address the problems that led to the criminal conduct if the ultimate goal is to avoid further negative behavior. Notably, it also saves the local taxpayers quite a bit of money. 

Right now, the Blair County Public Defenders’ office – where I work – has massively more cases than its attorneys can handle, according to the recent National Public Defense Workload Study. Have you ever had that nightmare where you are back in school and you show up for a test – only to realize that you forgot to study? That’s how it feels going to work every day. I usually have between 250 and 300 active cases that range from homicides to shoplifting charges. 

The constant, yawning gap between what we are expected to do and what we reasonably can do as defenders takes a tremendous personal and professional toll. I’m willing to do the work. With all my heart, I want to help bring about a positive change for my clients, but I need to have the resources to make that happen. All too often, I feel as though I am standing on the shore watching them drown. I scream as loud as I can for help, but it seems no one is listening. 

Sometimes, the feeling of helplessness is so overwhelming that it is all I can do to just keep going. I have seen far too many talented attorneys leave the public sector or the profession entirely, not because they want to, but because the cost to their well-being was far too great. Without the support necessary to provide clients with meaningful help, it is easy to slip into a dark mindset – that we’re just petting the lambs as we lead them to slaughter. No public defender wants to feel complicit in that.

Practicing law is just a fraction of what public defenders must contend with. We are expected to assume the roles of social workers, therapists, logistics coordinators, case managers, life coaches, confidants, etc. Our clients are often facing an array of challenges, such as a lack of housing, “CYF” (children, youth, family) matters, domestic violence concerns, lack of transportation, immigration issues, lack of child care, medical conditions and serious mental illness. Many of them have never seen what healthy dispute resolution looks like or how to regulate their emotions when upset. Sometimes, solving just one of those issues is enough to completely change the trajectory of their life for the better.

That is why we must be so much more than just lawyers. Take this scenario: I get a client released from jail for a minor offense, but if they do not have transportation from the jail or a house to return to, I arguably just made their situation more precarious and potentially life-threatening. When that client takes shelter in an abandoned building to escape the elements, they have an additional felony trespass charge to contend with. I face this scenario a few times a week. I have no choice but to frantically call around to find my client a ride or a safe place to stay for the night. Resolving the criminal charges was the easiest part. 

The criminal justice system's overarching goal is to discourage behavior that harms our society. All too often, however, the system operates to keep people in poverty, exacerbating the factors that led to criminal conduct in the first place. Of course, poverty is not an excuse to commit crimes, but desperate people do desperate things. I dream of a system that focuses on identifying the circumstances that led to the conduct and directing our efforts toward addressing those issues. 

If the state legislators, the governor, county commissioners and other decision-makers knew my clients as I do, the need for additional resources for indigent defense would be obvious as a cost-effective way to improve lives and the community at large – and would be addressed. The vast majority of my clients are good people in bad situations. I will continue to fight every day for their chance to prove it to everyone else.