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Journal Article
An Ethics Warning for Public Defenders
2018
Overview
In his book Securing Reasonable Caseloads: Ethics and Law in Public Defense (2011), Professor Norman Lefstein observed that excessive caseloads among public defenders \"implicate a number of state rules of professional conduct,\" including: According to the OCDC filing, \"[historically, [he] filed more amended motions and had more court hearings than anyone else in his office.\" Michael Barret, director of the Missouri State Public Defender, described the situation as a Catch-22 in an October 6, 2017, article (Dan Margolies, Many Missouri Public Defenders Decline New Cases After Supreme Court Disciplines Lawyer, KCUR): If I was a cartoonist for a newspaper, I'd draw a picture of a public defender with two guns pointed at him from either side of their head: In such cases, the public defender should \"continue to explore non-litigation alternatives . . . while requiring the [public defenders] to make a record in their cases, if appropriate, about the lawyers' inability, due to excessive caseloads, to furnish 'competent' and 'diligent' representation as required by the professional conduct rules.\"
Publisher
American Bar Association
Subject
