I’ve noticed many people have this delineation in their minds between “lawyers” and “public defenders.” The perception is that if you’re a public defender, it’s because you’re inexperienced, or incompetent, or simply a mindless bureaucrat where every client is simply another file to get rid of as quickly as possible.
I think that perception is largely incorrect. It is true that the elite defense attorneys are private attorneys, simply because if you’re very good, you’ll eventually work in the private sector where the pay is better and you have fewer cases at any given time. But your average public defender, in my view, has just as much chance as being a great criminal defense lawyer as the average private criminal defense attorney. For one thing, Oregon has certain standards that attorneys must meet if they take court-appointed clients. It takes a new public defender several years and a series of benchmarks before he or she is allowed to represent someone on a serious felony charge. A private attorney, on the other hand, can work on a Measure 11 felony the day they pass the bar.
The biggest downside of public defenders is they typically have a lot of clients. The way to deal with that, if you’re a client, is to make sure you stay in regular touch with your attorney. Keep him updated on your current address, let her know the witnesses you think may be useful in your case, and if you haven’t heard anything in a while, make an in-person appointment. If the attorney has something come up at the last minute, then make a follow-up appointment. If you don’t feel your attorney is communicating with you, then tell your attorney that in writing. It will probably get their attention. If not, ask the attorney how you go about requesting a new court-appointed counsel.