US Public Defender

The U.S. Public Defender system, operating under the umbrella of federal defender organizations, ensures the Sixth Amendment right to counsel for individuals facing serious criminal prosecutions in federal courts who are financially unable to retain legal representation. The Criminal Justice Act (CJA), enacted in 1964, established the framework for appointing and compensating lawyers for these defendants. In 1970, the CJA was amended to authorize the creation of federal defender organizations.

Currently, 83 authorized federal defender organizations operate across 92 of the 94 federal judicial districts, employing approximately 4,200 lawyers, investigators, paralegals, and support personnel. These organizations are categorized into federal public defender organizations, which are federal entities with federal employees, and community defender organizations, which are state-incorporated non-profits funded by federal judiciary grants. Together with approximately 13,000 private "panel attorneys," federal defenders represent the majority of individuals prosecuted in the nation's federal courts.

The mission of the Defender Services program is to enforce the right to counsel and other necessary defense services for those who cannot afford them. This program aims to uphold public confidence in equal justice under law and ensure the effective functioning of the constitutionally-based adversary system of justice. Services are designed to be timely, consistent with legal best practices, and cost-effective, while safeguarding the independence of the defense function. The program's scope includes federal criminal proceedings, federal death penalty and capital habeas corpus representations, and international prisoner transfer proceedings.