NACDL - National Association of Criminal Defense Lawyers
Public Defense Working Landing Page
The right to counsel, guaranteed by the 6th Amendment, promises every person, regardless of their charges or resources, has a skilled, zealous advocate by their side when they stand accused of a crime. As Gideon and other cases recognized, defendants' procedural and substantive rights cannot be protected unless every person has an attorney with the resources, skills, and independence to advocate for them. NACDL works to help reform inadequate public defense systems through training and technical assistance, public education, advocacy, and litigation.
Few rights are as fundamentally American as the Sixth Amendment's promise that when the government brings its power to bear against an individual, that government also bears the responsibility to ensure the accused has a zealous and dedicated advocate to defend them. A robust defense function helps mitigate against wrongful convictions of the innocent and unjust, excessive sentences for those who are guilty; ensure the Constitution's protections and prohibitions are maintained; shines a light on government overreaches and abuses of power; and protects both the accused and the community.
There is no universal model for providing public defense services. Some jurisdictions have agencies that provide holistic services while others rely exclusively on flat fee contracts to provide representation for every person who qualifies. Regardless of the form they take, across the country public defense systems and the attorneys who work in them are being stretched to their breaking point, jeopardizing the promise of equal justice for all.
NACDL supports increases in assigned counsel rates
Nationally a patchwork of statutes, court rules, and local practices determines how attorneys handling assigned counsel cases are compensated, although virtually all share a core problem: the rates paid are abysmal, often failing to cover basic expenses. NACDL works to ensure court-appointed counsel receive prompt payment, fair hourly rates that take into account overhead and reasonable fees, and end the use of fee caps which can be barriers to meaningful representation.
While Gideon did not describe how each state was to fulfill its 6th Amendment obligations, the Court did make clear the ultimate responsibility for providing public defense lies with the state. States may elect to delegate decisions about public defense structure, oversight, and funding to their counties, but doing so does not absolve them of their responsibility to assure every public defense system has the resources, support, and structure to provide a constitutionally effective defense. Currently many barriers prevent jurisdictions from meeting their constitutional obligation. Through its reports, policies, testimony, and litigation NACDL works to challenge systemic deficiencies and offer resources to create strong public defense delivery systems.
NACDL Reports on State and Systemic Public Defense Issues
Collateral Consequences
Federal Indigent Defense
Florida
Louisiana
Misdemeanor Cases
Pretrial Advocacy
Public Defense System
Rhode Island
South Carolina
Trial Penalty
Public Defense in Your State
NACDL works to improve and support public defense at the state and local level. From legislative advocacy to litigation support, commenting on court rules to systemic evaluations, NACDL is committed to insuring every person who faces a criminal accusation has meaningful access to an attorney with the time, resources, and expertise needed to provide an effective defense at all stages of the proceedings; has all relevant information needed to make informed decisions about their case; is not subjected to excessive penalties, fines, or fees; and has access to the support personnel needed to fully investigate the government's accusation, challenge questionable forensic practices, and present meaningful evidence in mitigation.
Often considered the gold standard of public defense because of its lower caseloads and better resources than its state level counterparts, the federal public defense system has a number of fundamental systemic flaws that must be corrected for it to serve as the role model it should be. When Congress first authorized the creation of federal public defender offices in 1970, it recognized "the desirability of eventual creation of a strong, independent office to administer the federal defender program," but felt it premature to do so until there was an opportunity to view the operation of the office "over the course of a few years". Report of the Committee to Review the Criminal Justice Act at 9-10 (1993) (Also known as the Prado Report), quoting Senate Report No. 91-790, 91st Cong. 2d Sess. April 23, 1970 at 18). Nearly 5 decades later the federal public defense program remains wholly under the thumb of the judiciary, but spurred on by NACDL and others there are efforts underway to change that.
In 2022, Congresswoman Suzanne Bonamici reintroduced the EQUAL Defense Act (HB 9325). The bill aims to bring a measure of parity to the criminal legal system by supporting state and local public defense providers. Among the bill's goals are:
Establishing workload limits for public defenders
Promoting pay parity for public defenders and prosecutors
Increasing court appointed counsel fees to meet federal rates
Increasing defender training
Reauthorizing and increasing funding for student loan repayment
The bill is supported by NACDL, the ACLU, Color of Change, Gideon's Promise, Lawyers Committee for Civil and Human Rights, Leadership Conference on Civil and Human Rights, NAACP Legal Defense Fund, NAPD, NLADA, and Project on Government Oversight.
Race matters in our criminal legal system. It pervades every aspect of a case, from how likely you are to be stopped by the police, whether you will be subjected to a search, how high your bail is, how likely the state is to seek the death penalty, and how long your sentence may be. NACDL is committed to combating racial bias and racial disparity in the criminal legal system.
A meaningful defense includes a public defense bar who are skilled and knowledgeable. To help public defense attorneys have access to information on core and evolving issues NACDL offers a variety of webinars, trainings, and other resources. On a rotating basis, NACDL will highlight some of these materials.
No skill is more fundamental to the success of the adversarial system than cross-examination. Emanating from the Sixth Amendment's guarantee that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him," the Confrontation Clause ensure a defendant the right to put the honesty, truthfulness, and accuracy of a witness's assertions to the test through cross-examination Mattox v. U.S., 156 US 237 (1895)) Defense attorneys must constantly work to hone their craft and NACDL has resources to help.
Scholarship Opportunities: NACDL offers scholarships to assist public defense attorneys (including public defenders and members of the private bar accepting court appointments) to attend national trainings.
Award: NACDL honors individuals and organizations for exceptional efforts in making positive changes to local, county, state, or federal public defense systems with its Champion of Public Defense Award. In 2019, NACDL honored the Civil Rights Corps and the San Francisco Public Defender's Office for their joint work pursuing pretrial reforms in the state of California.
Justice for All: Strengthening the Sixth Amendment Project
The Justice for All: Strengthening the Sixth Amendment grant is aimed at enhancing the capacity of state and local jurisdictions to protect the core rights enshrined in the Sixth Amendment. The interconnectedness of the problem necessitates a project design with a holistic approach to finding, implementing, and assessing solutions. Understanding the need for this collaborative framework, NACDL has partnered with the Association of Prosecuting Attorneys (APA), the National Center for State Courts (NCSC), and RTI International (RTI), all of whom bring a wealth of experience in providing TTA and programmatic assessments in collaborative environments to a full range of jurisdictions and criminal justice systems. Visit the Strengthening the Sixth website to learn more about the project, find resources on each of the rights guaranteed by the Sixth Amendment, explore an interactive map of state discovery laws, watch recorded webinars, apply for training and technical assistance, and more.
Read about public defense news and issues in NACDL's The Champion magazine.
Questions about NACDL's work in Public Defense, contact Bonnie Hoffman, Director of Public Defense Reform and Training
BHoffman@nacdl.org (202)465-7649 @GideonGuardian
Join NACDL in celebrating #Gideonat60 by sharing your recognition of and appreciation for the tireless work done by public defenders and court-appointed counsel across the country.
Like the images you see? You can celebrate public defense yourself with these amazing graphic art images. Tag us on social media and check out our toolkit for inspiration.
NACDL’s Foundation for Criminal Justice provides travel and registration scholarships to assist court appointed attorneys and public defenders attend training programs across the country.
Everyone has theright to have a skilled and zealous advocate when they face a criminal accusation. However, in many states and localities people are left waiting months or more to have a lawyer assigned to their case. Through our amicus work and direct litigation, NACDL works to ensure the right to counsel is protected, advocating for the prompt appointment of counsel.
NACDL, in cooperation with WACDL, the NYU Center on Race, Inequality, and the Law, and Winston Strawn has filed a lawsuit in Wisconsin to address the state’s inability to timely provide access to counsel.
Questions about NACDL's work in Public Defense, contact Bonnie Hoffman, Director of Public Defense Reform and Training
BHoffman@nacdl.org (202)465-7649 @GideonGuardian
Gideon at 60: The Unfunded Mandate
Check out this podcast from the Center for Justice Innovation exploring Gideon’s legacy.
Podcast host Matt Watkins speaks with roundtable panelist and participant Keisha Hudson, Chief Defender of the Defender Association of Philadelphia, and Eve Primus, Yale Kamisar Collegiate Professor of Law at Michigan Law, and Alexis Hoag-Fordjour, Assistant Professor of Law and Co-Director of the Center for Criminal Justice at Brooklyn Law School.
Help ensure public defense lawyers have access to training
Want to help support training opportunities for public defense lawyers? Make a donation to NACDL’s Foundation for Criminal Justice.
Help ensure public defense lawyers have access to training
It is critical to ensure public defense lawyers have access to high quality training. Through generous grant funding, NACDL is able to offer scholarships to help defray the costs of registration and travel. Interested in our scholarship program?
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Award: NACDL honors individuals and organizations for exceptional efforts in making positive changes to local, county, state, or federal public defense systems with its 
Public defense lawyers are powerful advocates in and out of the courtroom. Read about the power of public defense in these opinion articles.
Help ensure public defense lawyers have access to trainings.
Everyone has theright to have a skilled and zealous advocate when they face a criminal accusation. However, in 
Check out this podcast from the Center for Justice Innovation exploring Gideon’s legacy.
