Who is who in a federal case
Federal Public Defender
A federal public defender is a lawyer employed by the court system to represent defendants who cannot afford counsel in federal criminal cases.
Representation is a constitutional requirement, and the court appoints either a federal defender organization or a private attorney from the Criminal Justice Act panel, paid at an hourly rate set by the judiciary.
Appointment happens at the initial appearance after a financial affidavit. Conflicts matter in multi-defendant cases: the defender office can represent only one, so co-defendants get panel counsel.
Federal defender offices are among the most experienced criminal practitioners in the system. They appear in the same courts constantly, know the judges and the guidelines cold, and their caseloads dwarf those of most private counsel. Appointed counsel is not free in every sense: the court can order partial reimbursement, and a defendant's financial circumstances are reviewed again if they change during the case.
How it appears on a docket
MINUTE ENTRY: Financial affidavit filed; Federal Defender appointed for Defendant Vance (1). CJA panel counsel appointed for Defendant Shah (2) due to conflict.
Governing rule
18 U.S.C. Sec. 3006A; U.S. Const. amend. VI
Related terms
- United States Attorney — A United States Attorney is the chief federal prosecutor for a judicial district, and the office's assistants handle nearly all federal criminal cases there.
- Initial Appearance — An initial appearance is the first court date after an arrest, where the defendant is told the charges and the court addresses a lawyer and release.
More on who is who in a federal case
See this term in a real case
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