Public defender

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Public defender

A public defender is a government-funded lawyer who represents people who cannot afford to hire a lawyer in court. The exact system and scope vary by country, but the core idea is to provide legal representation to those who need it.

Key points by country

- United States: Since Gideon v. Wainwright, the government must provide legal counsel to indigent defendants in criminal cases. Delivery models vary: some places have public defender offices, others use private lawyers under contract, and some assign lawyers case by case (Oregon uses non-profit firms contracted by the state).

- United Kingdom (England and Wales) and Scotland: England and Wales have the Public Defender Service (with most defense work done by duty solicitors paid under legal aid). Scotland relies on not-for-profit Public Defender Solicitor Offices funded by the Scottish Legal Aid Board.

- Brazil: The Defensoria Pública (Public Defender) operates at state and federal levels to provide free defense for the poor in civil and criminal matters. It’s a constitutional right, though coverage is uneven across states.

- Germany: There is no centralized public defender system. Legal aid and help with court costs are available for those who cannot pay, and in criminal cases there is a right to counsel. Fees can be deferred or waived if the person is indigent.

- Australia: States like New South Wales and Victoria have dedicated Public Defenders. Queensland’s Legal Aid Office was merged with the Public Defender in 1991 to broaden services to criminal, family, and civil matters.

- India: The National Legal Services Authority provides free legal aid at all court levels.

- Singapore: Legal aid is available through the State and the Pro Bono Services Office of the Law Society (LAB). The Legal Aid Bureau handles civil matters with clients contributing based on means; there is also a Criminal Legal Aid Scheme for those who cannot afford representation in certain cases.

- See also: Legal aid, duty counsel, and other forms of publicly funded legal representation.

In short, public defenders exist to ensure everyone has access to legal representation, even if they cannot pay for a private lawyer. The specific arrangement and reach of public defense differ widely around the world.