The American justice system guarantees a presumption of innocence and the right to legal counsel. For those that cannot afford an attorney, public defenders are available to provide a defense.

But a new report from Emily Hamer, a reporter for Lee Enterprises' Public Service Journalism team, reveals that public defenders across the country are overworked.

In the story "Public defenders work 3 times too many cases, milestone study and new data show," Hamer's research found public defenders across America regularly work triple the cases they can effectively handle, and some work upwards of 10 times too many cases, according to an analysis of Lee Enterprises data based on a milestone study of public defender workloads.

Lee Enterprises’ Public Service Journalism team requested caseload data from all 50 states to conduct the first-ever national analysis of public defender workloads using the new National Public Defense Workload Standards. The analysis proves public defenders are severely overworked — a problem that threatens the constitutional right to effective counsel.

In this episode of Behind the Headlines, Hamer discusses the story, consequences of ineffective counsel and potential solutions.

Read more

About this program

Host Terry Lipshetz is a senior producer for Lee Enterprises. Besides producing interviews for this Behind the Headlines program, he produces the daily Hot off the Wire news podcast, co-hosts Streamed & Screened movies and television program and is the producer of Across the Sky weather and climate podcast.

Lee Enterprises produces many national, regional and sports podcasts. Learn more here.

Episode transcript

Note: The following transcript was created by Adobe Premiere and may contain misspellings and other inaccuracies as it was generated automatically:

Welcome to another episode of Behind the Headlines, where we feature experts and journalists discussing a variety of topics. I'm Terry Lipshetz, a senior producer for Lee and your host. In this latest episode, Emily Hamer, a reporter for Lee Enterprises’ Public Service Journalism team, discusses her story “Public defenders work 3 times too many cases, milestone study and new data show.”

Emily, welcome to the program. Thanks so much for having me. Before we dive into this current story, this isn't something that's new to you. You've been working a little bit on public defender topics for a little while now. Can you talk a little bit about previous reporting you did for your series: “Broken Defense: People's right to counsel routinely violated across the West.”

In that series we really wanted to take a deep dive into what's happening into public defense systems across the U.S. and because I think we kind of everybody sort of assumes that public defenders are underfunded or they're not paid well and they're really overworked. But I think that people sense that's so commonly accepted. People don't really think it's a problem that we should actually try to fix.

So my series really sought out to examine that issue and look at how it's affecting real people's lives who are going through the criminal justice system. So we found people who lost jobs, lost homes while they were stuck in jail, while they're still presumed innocent, but they're waiting for an attorney to represent them. And there just wasn't one available.

That's happening in Oregon right now. There are also people who they plead guilty to misdemeanors before ever talking with a defense attorney at all because the the justice system is kind of set up to pressure them into pleading, pleading out their case and just getting it over and done with before they ever talk to that public defender, even though they have a constitutional right to that.

So we found about more than 100,000 misdemeanor cases each year where people go to jail without ever talking to a lawyer at all. And so we talked to a lot of people about how this broken system is affecting them and found that it's it's become really common, a really routine part of the criminal justice system for People's Sixth Amendment right to counsel, to be violated.

Don't want to go too far off track here, but what would the reasoning be to to plead out so quickly? Is prosecution just looking to turn over cases, especially lower level cases, a lot faster and kind of keep things moving along? Is that the reason for that then? Yeah, I mean, I do some of the people, some of the defendants who have been accused of crimes do see it as an advantage because they're able to just resolve their case and get it done with.

But some of those people might have wanted to fight their case. So in there was a court in Texas where I went to their initial appearance. Court and initial appearance is supposed to be where you go in front of the judge and you either have your bail set or your release to release from jail or given a signature bond to come back to court to to fight your case at another time.

Or you have to you were you were never in jail. So you are just kind of showing up to get things rolling on your case. So it's normally just kind of like a checkpoint hearing. But at this court, I went through in Texas, there were a ton of people who fled their cases on that very first day in court.

And there's no defense attorney or public defender at all in the courtroom to help them understand the consequences of pleading guilty to that misdemeanor. There was one guy who went before the judge and he had he was in jail for like a marijuana charge. And the judge asked him if he wanted to plead guilty to the charge. And the guy said, no, he didn't.

But then the prosecutor came back over and was like, well, no, what we talked about is if you plead guilty, you get out of jail today. And then the guy kind of flipped the switch and said that he does plead guilty now. So they're just talking with the prosecutor by themselves without any kind of counsel and without any understanding of the collateral consequences of pleading guilty to even just a minor crime.

Maybe they could have had a defense against that. But they never talked with a public defender to to find that out. It's interesting. So now moving on to the current story that you're working on. You know, first, I think most people listening to this probably have a basic understanding. But can you explain what exactly as a public defender, what is the role and how do they play a part in the justice system?

Yeah, So a public defender is an attorney who is appointed to your case when you can't afford to hire your own private attorney yourself. So they are provided to people, to people who are poor or they call them indigent in the criminal justice system when when they can't afford an attorney, you're provided an attorney to fight for your case at the state's expense.

And your constitutional right to an attorney is is not just to any public defender to just like sit by and watch your case, but to an effective public defender who actually fights for you. We're all entitled to an effective legal counsel, basically. Yes. So now what is this current story that you're working on in and what kind of data did it reveal?

This movement of people, lawyers and researchers who are trying to fix public defense systems? And they came up with these new metrics that are not allow anybody really to measure public defender workloads to find out how many cases is too many cases for a public defender to handle. So they want to make sure that public defenders are taking on because when a public defender takes on way too many cases, they can't be effective for every single one of those clients, every every person that they're representing, some cases get thrown to the wayside.

These new national public defense workload standards that have have come out are a way to kind of get public defender caseloads on the map and find out when there are way too many cases that a public defender is handling. So I took the those figures that kind of the big the big number there is that attorneys should never handle more than 59 low level felonies in a year.

And there there are 11 other figures like that. But that's kind of the the biggest one, I think, to wrap your head around. So I requested data caseload data from all 50 states in order to get an understanding of of where public defenders are at in terms of their caseloads. And I got data back from about 36 states, and it represents about 9000 public defenders and in 30 states.

And their average caseload were nearly three times the maximum that they were supposed to have under the new standards. And that's even under a conservative analysis. So basically, public defender workloads are really, really high, unreasonably high. And they have been for a really long time. But this these new standards and this new data is kind of the first nationwide analysis that really shows just how overworked they are.

So when you say upwards of three times as much, I mean,...

Reducing public defender workloads across the nation