Ethics

The New York Times is spotlighting the issue here, but the problem is hardly new.  There have been numerous stories over the last couple of years (see here, here, and here) concerning the woefully inadequate resources in many public defender offices.

Unfortunately, with drastic state budget cuts looming in many states, this problem is going to get worse before it gets better.  Numerous commentators, including co-blogger Monroe Freedman, have argued that public defenders should refuse to take on new cases if their workloads prevent them from providing competent representation.  I suspect that work-stoppages, strikes, and other forms of protest are, in fact, going to increase.  (Here's an article that reviews some recent examples and offers strategic advice for public defenders going forward.)  The picture is not pretty, and it's about to get uglier.