Assigned counsel
Assigned counsel refers to lawyers appointed by the court to represent individuals who cannot afford private legal representation, typically in family or criminal court. This system exists in many jurisdictions across the United States and is crucial for ensuring access to legal counsel as guaranteed by the Sixth Amendment’s Assistance of Counsel Clause. Unlike public defenders, who are state employees specializing in criminal defense, assigned counsel are private attorneys contracted by the state and may not have a specific focus on criminal law.
There are two primary types of assigned counsel programs: the ad hoc program, which allows judges to appoint attorneys without a formal rotation or minimum qualifications, and the coordinated program, which is overseen by an administrative body that establishes criteria for participation and often implements a rotation policy. While the ad hoc system is more common, it faces criticism for potential biases in case assignments and the variability in attorney qualifications. In contrast, the coordinated system aims to enhance the quality of representation by providing training and support for attorneys and creating a more structured approach to case assignments.
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Assigned counsel
An assigned counsel refers to a lawyer appointed by the court. An assigned counsel is usually a private lawyer hired by the court to represent specific cases. In some states, an assigned counsel is required in both family court and criminal court. When utilized in this circumstance, lawyers appointed as assigned counsels represent children or adults who do not have the means to afford a private attorney.
Overview
The assigned counsel system is designed to provide legal counsel to indigent adults and other individuals unable to obtain the services of a private attorney. This system is employed in many jurisdictions across the United States. It is distinguished from a public defender system by its use of private attorneys. In many public defender systems, the legal counsel afforded to the defendant is an employee of the state. This individual may work for a public defender's office and usually represents indigent clients on a full-time basis. They may also have additional resources, such as researchers and investigators, at their disposal and likely specialize in criminal defense.
In an assigned counsel system, the legal counsel afforded to the defendant is a private attorney contracted by the state to administer specific cases. A lawyer working as appointed counsel usually takes cases in addition to representing indigent clients. They may not specialize in criminal defense.
The ad hoc assigned counsel program is the oldest and most common form of indigent representation in the country. In an assigned counsel program, the court appoints an attorney to serve as legal counsel to a defendant. The level of experience and qualifications required for the specific case are entirely decided by the court. No formal rotation of attorneys is required. For this reason, the ad hoc assigned counsel program is sometimes criticized for encouraging patronage on behalf of the court—it is easy for judges to award a large number of cases to a select few lawyers. Additionally, because no minimum requirements exist for a lawyer to be appointed by the court, it is possible that a plaintiff or defendant could be assigned a lawyer who is not well-versed in laws applicable to the case at hand.
The coordinated assigned counsel program is similar to the ad hoc assigned counsel program. However, unlike the ad hoc variant, the coordinated assigned counsel program is overseen by an administrative organization responsible for setting the minimum qualifications required to join the assigned counsel program. It may also provide training and support for newer attorneys accepted into the program and restrict the number of applicable choices for a case in relation to the difficulty of the case. In many cases, this organization enforces a formal rotation policy to avoid any instances of patronage on behalf of the court. This solves many of the problems of the ad hoc assigned counsel program.
Bibliography
Allison, Junius L. "Relationship between the Office of Public Defender and the Assigned Counsel System." Valparaiso University Law Review, 1976, scholar.valpo.edu/cgi/viewcontent.cgi?article=1693&context=vulr. Accessed 16 Dec. 2024.
Carroll, David. “Are Public Defenders Better than Appointed Counsel? DOJ Says 'Yes.'” Sixth Amendment Center, 26 Oct. 2012, 6ac.org/are-public-defenders-better-than-appointed-counsel-doj-says-yes. Accessed 16 Dec. 2024.
"Effective Assistance of Counsel." Legal Information Institute, Nov. 2022, www.law.cornell.edu/wex/effective‗assistance‗of‗counsel. Accessed 16 Dec. 2024.