Power, Bias, and the Bench: How Judges’ Backgrounds Impact Public Defenders and Defendants

• In Event: 30662 - Section on Crime, Law, and Deviance Roundtables
  In Refereed Roundtable (60 minute): Table 6: Criminal Legal System/ Actors/ Processes

Abstract

Washington, along with other states throughout the United States, are experiencing a shortage in public defenders. According to a report from the Washington State Office of Public Defense, defenders are experiencing high caseload, difficulty with prosecutors, and vicarious trauma (Washington State Office of Public Defense 2024). Current research suggests similarly (Bacak, Lageson, & Powel, 2024; Dotson 2020). Furthermore, scholars seek to understand the interactions between public defenders and other legal actors in the courtroom; however, legal and sociolegal scholars do not explore public defenders’ perceptions and how judges affect their job efficacy (Lichtenstein 1984; Harris 2021; Jones 1978). Specifically, the literature lacks how biases of judges impact defenders' experience in the courtroom and the outcome of the case. In this paper, we specifically examine the dynamics between public defenders and high-ranking legal actors, particularly judges through the perspective of the public defender. Our research question asks: in what ways do judges’ prior habitus in the courtroom affect public defenders’ effectiveness, job satisfaction, and the equitable practices of justice?The overall findings suggest three key issues: (1) judges’ prior experience as prosecutors shapes their habitus, leading them to align more closely with the prosecution; (2) this dynamic perpetuates harm for both public defenders, who face disrespect and excessive workloads, and their clients, who experience bias and lack of empathy; and (3) judges, as powerful actors within the legal field, often exercise discretion in ways that reinforce systemic inequalities, including inconsistencies in legal knowledge and application. Judges’ habitus shape their judicial approach, influencing how they interpret the law, interact with courtroom actors like public defenders, and ultimately make decisions that impact the lives of the defendants. As a result, these ingrained dispositions contribute to systemic inequities and reinforcing power imbalances that can undermine public defenders and their clients.

Authors

• Amber Burrell, University of Washington

• Imma Honkanen, University of Washington