• A complex legal system makes representation a necessity in nearly all situations."Law books on a shelf." is Copyrighted by Flickr user: umjanedoan under the Creative Commons Attribution license.
  
  

Definition

• A public defender is an attorney appointed by the government to represent indigent defendants. When a defendant cannot afford her own representation, the government pays for an attorney to represent the defendant at no cost to the defendant.
  
  

Representation

• A public defender must represent the best interests of his client as any other attorney would. The fact that a public defender is government-hired does not change any duties or obligations owed to the client.
  
  

Origins of the Right to Counsel

• The right to an attorney, or counsel, can be found in the Sixth Amendment of the U.S. Constitution. The Sixth Amendment states, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
  
  

Right to Self-Representation

• The court cannot appoint a public defender if the defendant waives the right to representation in favor of pro se legal representation. This means the defendant wishes to present his case without aid of appointed counsel.
  
  

Mandatory Appointment of a Public Defender

• If it is determined that a defendant is not competent to stand trial without legal representation, a public defender will be appointed even if the defendant requests pro se representation.