Guest Column
A Conservative Argument for Public Defenders
From time to time, Judex will feature guest columns. Guest columns are an effort to expose readers to more writers and opinions. I ask guest writers to stick broadly to topics related to a conservative judiciary, but I do not edit. The views of the guest writers do not necessarily align with my own, though they may. I trust the readers to make up their own minds whether to like or dislike my own writing, or anyone else’s on Judex. Today’s guest column is submitted by Ryan Bower, the Chief Public Defender for Washington County.
Despite the truism that the American criminal justice system often favors the prosecution, more and more Americans are discovering that public defenders are a vital part of the justice system that are worth supporting—dare I say it--even loving.
In the American criminal justice system public defenders are a crucial component of the judicial process. These dedicated attorneys represent defendants who cannot afford to hire a private attorney, ensuring that every American citizen has access to competent legal representation, regardless of their economic status. As more people come to appreciate this role that public defenders play in our legal system, we may find that our love for these dedicated advocates grows stronger than ever before.
But public defenders do more than just level the playing field in court. We also play an important role in challenging the government and holding law enforcement accountable, something that conservatives in particular appreciate. Conservatives have long championed limited government and individual liberties. They believe that the government should not overreach and that citizens should be protected from government intrusion. Public defenders embody these values by providing a check on the government’s power and ensuring that defendants’ rights are protected. Public defenders believe, like Grover Norquist, that the best government is one that is small enough to “drown in a bathtub.” Public Defenders agree with Mr. Norquist on this point because they often see firsthand that the power of government can be misused to coerce defendants into pleading guilty, even when they may be innocent, instead of risking an unfair and disproportionate sentencing result after trial. Even though it’s not in any of the law books, every defense lawyer knows about the “trial penalty” or “trial tax” which refers to the practice of imposing harsher sentences on defendants who choose to exercise their right to a trial rather than accept a plea deal. This is the understanding that essentially, defendants who go to trial and are convicted may receive a longer sentence than they would have received if they had accepted a plea deal. Defense attorneys often see this as a way of the government pressuring defendants into taking a plea deal, even if they are innocent or have a strong defense. This “tax” is especially exacerbated with indigent clients because they often remain incarcerated when their richer peers are released and these clients are often more worried about going to trial with over-worked, under-resourced attorney that was not of their choosing.
Because so many Defendants in the criminal justice system are of limited economic means, by providing representation to those who would otherwise be unable to afford a lawyer, public defenders face numerous challenges in providing effective representation. Public Defenders often work with heavy caseloads and limited resources, which can make it difficult for them to provide the level of representation that their clients deserve. Despite these challenges, public defenders remain committed to promoting a fair and just criminal justice system.
Conservatives love that public defenders also stand against a runaway government, by playing a critical role in challenging the legality of searches and seizures conducted by law enforcement. They may argue that evidence was obtained through an illegal search or that the police violated their client’s Fourth Amendment rights. These challenges help to ensure that law enforcement officers are held accountable and that citizens are protected from unlawful searches and seizures.
This is a cornerstone of American judicial freedom—in many communist countries there are no public defenders. And even when the government provides access to counsel, the legal system in these countries are still often structured in a way that makes it difficult or impossible for defendants to mount a defense, regardless of whether they have access to an attorney. This is why true procedural due process is just as important as substantive due process.
Another reason for the love between public defenders and conservatives is because they can join in common cause to help to challenge the government’s use of mandatory minimum sentences and other harsh sentencing practices. Conservatives have long been critical of the over-criminalization of nonviolent offenses and the resulting explosion in the prison population. Public defenders push back against these trends by advocating for fair and proportionate sentences that take into account the individual circumstances of each case.
By providing an important counterbalance to prosecutors, public defenders ensure that defendants are not railroaded into pleading guilty to crimes they did not commit and that they receive fair trials. They represent people from all walks of life, including those who may be marginalized or discriminated against, and they work tirelessly to ensure that their clients are treated with dignity and respect.
It's important to acknowledge the significant impact that public defenders have on individual lives and communities. By providing representation to those who would otherwise be unable to afford a lawyer, public defenders can help to prevent wrongful convictions and ensure that justice is served. This has a positive impact not only on individual lives but on communities.
Public defenders are an essential component of our criminal justice system, and conservatives should embrace them as the defenders of individual liberty and limited government that PD’s exemplify. By challenging the government’s power and ensuring that defendants’ rights are protected, public defenders play a critical role in upholding the principles that conservatives especially hold--and all Americans should hold--dear.
As more and more conservatives recognize this, they will begin advocating for appropriate public defender caseloads, improved funding, greater access to resources and better-quality training for public defenders. Then we can all help to ensure that everyone has access to competent legal representation, regardless of their economic status.
Ryan Bower, author of this article, is the Chief Public Defender for Washington County, Indiana