The Decline of Private Bar Appointments and the Fight for Indigent Representation

• In Event: Data in Indigent Defense: Echoes of Austerity: The Shrinking Pool of Private Attorneys

Abstract

The appointment of private attorneys to represent indigent defendants has long been a critical component of the criminal justice system. Historically, court-appointed defense has relied on private attorneys to handle cases where public defenders were unavailable or nonexistent. However, the number of Texas defense attorneys on misdemeanor and felony indigent appointment lists has declined over the last decade, with the decrease being most pronounced in rural areas. The ongoing shortage of attorneys willing to take court appointments raises significant concerns about the ability of the criminal justice system to uphold defendants' Sixth Amendment right to legal counsel. Several potential solutions could help close this gap. Without systemic reform, the continued decline in private bar court appointments threatens to compromise indigent defendants' constitutional rights.

Authors

• Jim Bethke, Bexar County MAC

• Jessy Tyler, Harris County County Public Defenders Office

• Micaela Sudolcan, Bexar County MAC