Week 1, Entry 2: If you cannot afford an attorney, one will be provided for you...

A public defender in Los Angeles, California starts out making just $38,000 per year. This is after spending 7 years in college and well over $100,000 on tuition, not to mention passing the bar examination. They work long hours and if they're lucky, after many years on the job they earn as much as $86,000 per year-a mere fraction of what senior attorneys in private firms can earn. Of course, salaries for public defenders are affected by frequent government spending cutbacks, so many never see that upper end of the salary range.

School teachers in Los Angeles fare better, with the lowest salary on their pay scale being $45,637 per year, requiring only a 4 year degree and teaching credentials. Unfortunately, low pay and long hours are commonplace in just about every area of the country for public defenders. This keeps the best and brightest law school graduates from even considering work as a public defender. Many that do either burn out from the extreme workload and/or move on to greener pastures in private practice after a short tenure. With 66 percent of federal felony defendants and 82 percent of state defendants being represented by public defenders there is no shortage of work, and in the end, it is really the accused that gets the short end of the stick.

Some might ask, can’t we just require all of those private practice attorneys, some of whom earn well into the six figures, to represent the poor? Some states such as Alabama do just that, with the court appointing an attorney who is a member of the local bar to represent indigent defendants. However, that’s no guarantee that an attorney skilled in criminal law will be appointed. Additionally, because they are earning a fraction of their normal fee while defending these clients, some will spend as little time as possible preparing a defense. A wealthy person can easily hire an attorney who will provide the vigorous defense that is needed in any criminal case. But the indigent must hope for the luck of being appointed a dedicated attorney willing to essentially donate the time and resources to provide such a vigorous defense.

Although funding is tight for most government entities today, the system for the defense of those who cannot afford an attorney in most states is not sustainable. The federal and state governments must come up with ways to ensure a vigorous defense for those accused of a crime. Our great nation was founded on the principles of liberty and justice for all, but justice cannot be obtained when the prosecution is more skilled and has more resources than the defense. Fortunately, there are groups out there campaigning for reform. Let's all hope that they succeed.