Does the Public Defender handle matters other than criminal cases?

By statute, the Public Defender's Office may only handle criminal and juvenile delinquency cases. For civil matters, please contact Southern Arizona Legal Aid at (520) 623-9465 or (800) 234-7252, or Lawyer's Referral Service at (520) 623-4625.

How do I retain the services of a Public Defender?

If a person is determined financially unable to retain a private attorney, the courts will appoint the Pima County Public Defender's Office as the legal representative. This appointment usually happens at the first court appearance which is called an initial appearance.

In the case of a conflict of interest, or where the Public Defender's Office has reached its maximum caseload, the courts may appoint the Pima County Legal Defender's Office or an attorney from the Office of Court Appointed Counsel roster to represent the accused rather than the Pima County Public Defender.

What kind of value do the Public Defender's clients receive?

Listed below are the estimated costs to defend a client accused of certain crimes by private attorneys (most private attorneys require a retention fee):

• Death Penalty Offense - $100,000 and up

• 1st & 2nd Class Felony Offense (Fraud Schemes, Manslaughter, 1st Degree Murder (non-death penalty), 2nd Degree Murder) - $50,000 - $100,000

• 3rd, 4th, 5th Class Felony Offense - $12,500 - $25,000

• 6th Class Felony Offense (open-ended felony) - $7,500 - $12,000

• 1st Class Misdemeanor Offense - $5,500 - $ 7,500

Can we answer "quick" legal questions?

Unless you are a client we cannot give legal advice or answer legal questions. If you plan to proceed with your case without an attorney, the Law Library has the reference material to assist you. There is a Law Library at Pima County Superior Court, 110 W. Congress, 2nd floor, phone number (520) 740-8456.

Can we recommend an attorney?

We cannot recommend an attorney. However, if you would like assistance in obtaining an attorney, the Lawyer's Referral Service provides referral assistance. Call (520) 623-4625.

Why are lawyers made available from the Public Defender’s Office?

Under the United States Constitution we have an adversarial justice system. This means that one lawyer represents the State, another represents the accused. A fair adversarial system requires that the accused and the prosecution have attorneys with equal resources available to them in order to achieve both truth and justice in the courts. Accordingly, under the law as set forth in the United States Constitution, anyone charged with any serious criminal offense in the United States is entitled to have a lawyer representing him whether that person can afford a lawyer or not. A public defender’s sole job is to provide the best defense available to any person he represents that is accused of a serious crime.

What relationship do Public Defenders have with their clients?

Our clients are the first and primary concern of lawyers in our office. The lawyers in the Public Defender’s Office are committed to see that our clients are treated fairly and their rights protected throughout the entirety of the justice process.

How do the lawyers in the Public Defender’s Office stack up against private attorneys?

Because there are over 70 lawyers defending felony and juvenile charges, the lawyers in the Public Defender’s Office have an enormous choice of resources that are not available to sole practitioners or small law firms. These resources include investigators, law clerks and a dedicated office staff. In addition to this pool of resources, public defenders specialize exclusively in the practice of criminal law. Because of the expertise involved in investigating and defending criminal cases, private attorneys frequently charge between $10,000.00 and up to $50,000.00 or more to defend these cases.

Do Public Defenders have enough time to devote to the cases assigned to them?

The Public Defender’s Office is broken up into teams of lawyers. As a result other team members can provide the support of a second lawyer if needed. Trial lawyers consult with their team leaders and other attorneys in the office in seeking strategic assistance in handling their cases. So, while the Public Defender's lawyers have heavy caseloads, the office structure permits trial lawyers to have ongoing help and support in the handling of their caseloads. The office also includes support staff to assist the lawyers in the day to day handling of cases. The attorneys and staff endeavor to provide clients with the best service possible given the resources available.

Are the Prosecutors, Judges, and Public Defenders paid by Pima County and therefore working together?

Although the Public Defender’s Office is funded by county government, the office is an independent agency whose lawyers work for their clients exactly as private lawyers do. Lawyers working in the Public Defender’s Office are bound by the Code of Professional Conduct requiring they provide the same responsibilities to their clients that private lawyers do.

What kind of training do lawyers in the Public Defender’s Office receive?

There is substantial training made available for lawyers in the Public Defender’s Office. The Public Defender’s Office holds regular training sessions each week in order to ensure their lawyers are up-to-date as to existing case law and practice. In addition to regularly scheduled in-house training the lawyers attend annual statewide training courses and have the option of participating in training courses throughout the country in order to improve their trial skills. All lawyers in the Public Defender’s Office undergo continuing legal education required by the State Bar of Arizona. Public Defenders also go through regular office evaluations to ensure that they are maintaining the highest professional standards in the course of their duties.

Are lawyers in the Public Defender’s Office sufficiently qualified to be able to handle serious felony cases?

The Public Defender’s Office always has far more job applicants than available jobs. There is a rigorous selection process that occurs at the hiring level at the Public Defender’s Office to ensure that the only people with the highest qualifications are hired. Once hired, lawyers are then required to go through a training period before being assigned to their trial team. Lawyers then maintain a regular training schedule as prescribed by the office.

What is the difference between a Public Defender, the Legal Defender, and an attorney in the private sector?

The Legal Defender’s Office is similar to the Public Defender’s Office. Legal Defenders however represent people that the Public Defenders are not able to represent because of conflicts of interest or other legal reasons. The Office of Court Appointed Counsel provides a roster of private lawyers available for appointment to represent other indigents that cannot obtain the Public or Legal Defender to represent them. These lawyers work under the Office of Court Appointed Counsel to ensure the availability of additional lawyers when the Legal Defender’s and Public Defender’s caseloads become too great. Any person charged with a crime is at liberty to hire their own private counsel to represent them.

Are Public Defenders available to represent clients outside of the criminal justice system?

Public Defenders by law are restricted to representing persons accused of serious crimes in Pima County through the Public Defender’s Office. By law, Public Defenders are prohibited from defending anybody on any matter other than cases assigned to their office.