Trial-heavy Public Defender Offices and Felony Timeline Forum

[PDprospect]

Hi All-

I am headed into 3L year and aspire to work as a PD after graduation. I've been interning at a PD's office in my native city on the east coast, and am considering applying to work here, as I've got some solid connections to the office and really like all of the attorneys here. However, my concern is this: most of the attorneys here do not go to trial very often. From what I've gathered, most of the attorneys in the office average around 3 trials a year (some have told me they've gone a year or two without a trial as well), which strikes me as very low. I think this is due, at least in part, to the fact that this jurisdiction tends to be very liberal (newly elected DA has initiated many progressive policies and line ADA's are strongly encouraged to make solid offers and to dismiss low-level misdemeanors). But I think the culture is also focused on being incredibly risk-averse, whereas other offices (SF, under the late Jeff Adachi, for instance) seem to encourage newer attorneys to take cases to trial when there is a viable defense and/or a not so great offer.

Though I am, above all, committed to the welfare of indigent clients and understand that my obligation as a PD is to do what the client directs me to do after I've offered my input and analysis of the strengths/weaknesses of their case, I am interested in gaining trial experience, and want to be somewhere I can get a lot of it early on. I am curious to know whether people on here (either practicing PD's or those who have interned in law school) have had experience in offices where attorney's go to trial more frequently.

Another issue here is that the attorneys in this office typically do not have the opportunity to handle more serious felony cases until at least 5-6 years in. Moreover, they are prohibited from handling homicide cases until they've tried at least 5 life felony cases, and even then, they've got to apply and get certified to a restricted list. This means it can take at least a decade (and often much longer) to even get the opportunity to try a murder case. I am also wondering about offices in which starting PD's can move up more quickly, and begin handling felony cases within the first couple of years. I think there are certain offices which allow for this if an attorney shows themselves to be particularly adept, hard-working, and in possession of strong litigation skills. I'd like to know which offices have this practice/reputation.

Thanks very much!

[Anonymous User]

The most obvious way to accomplish these goals is to go to an under-resourced PD office in a conservative area (where the plea deals will be terrible hence more trials). When I summered at the Orleans PDs, there was no shortage of trials and attorneys could definitely work on felonies in their first few years, mainly because the turnover is so insane that you just don’t find a lot of PDs who are at least 5-6 years in.

Of course, the low sustainability of these circumstances is pretty self explanatory.

[PDprospect]

Thanks for your response. I have heard that they are plenty busy in New Orleans -- I'll definitely consider an application there, though I have heard that it's quite difficult to get a job without connections to the area, and I've got none whatsoever...

[Anonymous User]

Thanks for your response. I have heard that they are plenty busy in New Orleans -- I'll definitely consider an application there, though I have heard that it's quite difficult to get a job without connections to the area, and I've got none whatsoever...

That can be true, but I’m recommending under-resourced offices generally less so than OPD in particular. Moreover, if you can obtain fellowship/outside funding, a lack of connections isn’t going to slow you down at OPD or any other office that urgently needs more lawyers.

[Anonymous User]

Hi All-

I am headed into 3L year and aspire to work as a PD after graduation. I've been interning at a PD's office in my native city on the east coast, and am considering applying to work here, as I've got some solid connections to the office and really like all of the attorneys here. However, my concern is this: most of the attorneys here do not go to trial very often. From what I've gathered, most of the attorneys in the office average around 3 trials a year (some have told me they've gone a year or two without a trial as well), which strikes me as very low. I think this is due, at least in part, to the fact that this jurisdiction tends to be very liberal (newly elected DA has initiated many progressive policies and line ADA's are strongly encouraged to make solid offers and to dismiss low-level misdemeanors). But I think the culture is also focused on being incredibly risk-averse, whereas other offices (SF, under the late Jeff Adachi, for instance) seem to encourage newer attorneys to take cases to trial when there is a viable defense and/or a not so great offer.

Though I am, above all, committed to the welfare of indigent clients and understand that my obligation as a PD is to do what the client directs me to do after I've offered my input and analysis of the strengths/weaknesses of their case, I am interested in gaining trial experience, and want to be somewhere I can get a lot of it early on. I am curious to know whether people on here (either practicing PD's or those who have interned in law school) have had experience in offices where attorney's go to trial more frequently.

Another issue here is that the attorneys in this office typically do not have the opportunity to handle more serious felony cases until at least 5-6 years in. Moreover, they are prohibited from handling homicide cases until they've tried at least 5 life felony cases, and even then, they've got to apply and get certified to a restricted list. This means it can take at least a decade (and often much longer) to even get the opportunity to try a murder case. I am also wondering about offices in which starting PD's can move up more quickly, and begin handling felony cases within the first couple of years. I think there are certain offices which allow for this if an attorney shows themselves to be particularly adept, hard-working, and in possession of strong litigation skills. I'd like to know which offices have this practice/reputation.

Thanks very much!

First-year PD in the south here. Not sure where your resume can pull (we can’t all land LAS or Bronx Defenders, and I’m certainly no different), might want to consider Miami. A close friend of mine from law school is headed there and to my understanding they’re quite trial-heavy. As for early exposure to felonies, I know Nashville and Memphis both track new attorneys into those roles well within your timeline. Any place is gonna want to know what your ties are, though, particularly if you’re not coming in through a fellowship program (and honestly even then they’ll still want to know, to an extent).

Consider any office with a strong presence in Gideon’s Promise—Lafayette, St Tammany Parish in Louisiana, Atlanta, pretty much anywhere in the Kentucky network. Guarantee you they’re gonna encourage and support you do as many trials as your clients desire.

[Anonymous User]

If you interview with Miami, expect them to ask you about your LSAT score and have you do an impromptu opening/closing. That was a bit of a turnoff to me.

I've been a private defense attorney, a public defender, and an ADA in both rural and larger secondary markets now. Working in a smaller, conservative jurisdiction is the surest way to handle high profile trials at an earlier phase in your career. I was working on vehicular homicide and murder cases within two years. Did I have adequate training? No, and I didn't realize that until I moved to a much larger market, where it can take 5+ years before you're allowed to second chair a murder case.

The burnout concern is real in any place where you're obtaining the type of experience that really makes you stand out. If you want to have 10-20 jury trials a year, you'll find that those offices have a lot of turnover and not much in the way of mentorship or training.