Are bar attorneys and public defenders the same?

Full question:

Is a bar attorney the same as a public defender?

  • Category: Courts
  • Subcategory: Attorneys
  • Date:
  • State: Illinois

Answer:

A bar attorney is not the same as a public defender. A bar attorney refers to a lawyer who has been admitted to practice law in a specific jurisdiction, often through a bar association, which is a professional body of lawyers. In the U.S., some states require attorneys to be members of a bar association, while others do not. For example, Illinois does not require this.

A public defender, on the other hand, is a lawyer assigned to represent indigent defendants in criminal cases who cannot afford legal representation. Public defenders work for government entities at the federal, state, or county level, or for non-profit organizations funded by the government. The right to legal counsel for those facing possible imprisonment is guaranteed by the Sixth Amendment and was established in the Supreme Court case Gideon v. Wainwright. Most jurisdictions fulfill this obligation by establishing public defender offices, while some use panels of appointed private counsel.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A defender, such as a public defender, is a type of lawyer. However, not all lawyers are defenders. Public defenders specifically represent clients who cannot afford legal representation in criminal cases. In contrast, a lawyer can work in various fields, including private practice, corporate law, and more.