Despite attacks, public defenders protect Sixth Amendment rights – The Virginian-Pilot

Every young public defender gets asked “The Question” in their first months in practice: “So, what’s it like representing all those people?” Choosing civility over a much needed civics lesson, the new public defender answers politely, with a fairly benign, “Everyone is entitled to a defense.”

The next instance happens about a year or two into your practice. You zealously represent a client and get a good result. The client is happy and appreciates your efforts. Intending to compliment you, the client asks, “Hey, you’re pretty good. When are you gonna get promoted and go over to the prosecutor’s office?”

The client doesn’t mean anything bad by it. Even the very clients you serve have been ingrained by society that prosecutors are the good guys and being one would be a step up.

A few years go by. The questions still come, usually from prosecutors and police officers, occasionally from a judge. “How long are you gonna stay on the dark side?” “When are you going to come join Team America?” The implication is clear — a lawyer truly interested in helping society would become a prosecutor.

As the recent confirmation hearings for now-Justice Ketanji Brown Jackson illustrate, it is not just well meaning relatives or professional colleagues who denigrate what we do. When sitting U.S. senators make such comments or ask such questions, the Sixth Amendment must be vigorously, vocally and publicly defended if it is to provide protections to all and not just some.

U.S. Sen. Ted Cruz of Texas, in a recent interview: “There are public defenders, people go and do that because their heart is with criminal defendants. Their heart is with the murderers, with the criminals, and that’s who they’re rooting for. Many choose a career as prosecutors because they want to put bad guys behind bars. On the flip side, public defenders often have a natural inclination in the direction of the criminal.”

U.S. Sen. Tom Cotton of Arkansas, during floor debate before the final vote: “You know, the last Justice Jackson — Robert H. Jackson — left the Supreme Court to go to Nuremberg and prosecute the case against the Nazis. This Judge Jackson might have gone there to defend them.”

U.S. Sen. Chuck Grassley of Iowa, in a written question during her confirmation process to the D.C. Circuit Court of Appeals: “Sen. Booker invoked John Adams representing British soldiers accused of murder during the Boston Massacre as a reason why you are the right person for the job. Please list all the cases where you represented a client whose views you disagreed with or whose alleged crimes you found offensive.”

U.S. Sen. Ben Sasse of Nebraska, in written questions to Jackson during her confirmation process to the D.C. Circuit Court of Appeals: “While working as an assistant federal public defender, why did you choose to work on behalf of Guantanamo detainee Khi Ali Gul? If you did not have a choice as to whether working on behalf of this client, did you ever consider resigning from your position?”

The preceding examples are sadly, illustrative but not exhaustive. The Sixth Amendment, like all other amendments, is not self-executing. The tradition begun by John Adams (successfully) representing the British soldiers accused in the Boston Massacre is carried out by today’s public defenders.

Every public defender I know works not just to help clients with their legal case, but to help them restore their life after involvement with the criminal justice system. It’s not about rooting for murderers, but helping people and protecting the rule of law.

That is what public defenders do day in and day out, serving both their clients and their community.

Jim Grandfield is a public defender for the city of Suffolk, where he has served since 2008. The views expressed are his own.