Sometimes the most thankless jobs are the most important. In our system of justice – which is not perfect by any means but is the best system anyone has ever devised – the public defender stands as the guardian of constitutional rights.
When someone is accused of a crime and cannot afford an attorney, the public defender is the person who stands between the state and accused, to wield those constitutional rights.
Remember, not all those who are accused are guilty.
In our adversarial system of justice, it is the defense attorney who curbs the nearly unlimited power of the state and the threat of imprisonment. The public defender acts as a vital check and balance.
Justice in the United States should not depend on the size of one’s pocketbook. And without obstacles to the state’s power, those who harness it would be tempted to abuse it. Absolute power corrupts, absolutely.
Our public defender system is reaching a state of crisis. In Wyoming, public defenders shoulder a heavy burden. They’re often overworked and under-resourced, covering sprawling counties with high caseloads and limited support.
The starting salary for a public defender, after at least seven years of college, is $60,000. In Gillette, an entry level coal miner makes more money with a rotating schedule, and one week per month off.
Being a public defender is a hard job – one few people want to take. The hours are long, the work is hard and often thankless. The cases are difficult, and the facts and the law are heavily weighted in favor of the state. The state has paid professional witnesses whose job it is to investigate and convict criminals. The public defender represents real people, with all their strengths and weaknesses. Oftentimes, indigent clients can be difficult and unpleasant; the majority struggle with identifiable mental health and substance abuse issues.
The low pay, difficult case load, long hours and unpleasant workload have made it difficult to hire attorneys to fill those jobs.
The Wyoming public defender’s office has given notice to at least one district that it will no longer be providing defense attorneys for those charged with misdemeanors.
To fill the void, judges have been appointing private attorneys to those cases. Many attorneys have volunteered. Most do not have extensive criminal law experience.
They are paid an hourly rate of $100 per hour, which usually does not cover the overhead for running a law office.
Conscripting a private attorney to handle these matters is a band-aid, but not a long-term solution.
Attracting attorneys to fill these positions is the solution.
Starting salaries for other attorney positions run $10,000 to $20,000 dollars more per year. So, with a difficult workload, low pay and cantankerous clients, the state struggles to fill public defender positions.
The solution is better pay and a lower workload. Adequately funding these positions has been a low legislative priority. Campaign sound bites about making sure the accused gets his day in court do not amass votes.
A functioning justice system doesn’t just punish the guilty; it protects the innocent. It holds the state accountable. And it builds trust that justice here is still blind — not for sale to the highest bidder.
Imagine Wyoming without public defenders.
Imagine courtrooms where only the wealthy get real representation. That’s not the kind of justice our founders had in mind. That’s not the kind of justice that holds up in the face of scrutiny or serves the people of this state.
Some may say that public defenders are there to "get people acquitted." But their real job is to keep the process honest. They ensure the system works the way it was intended — and that mistakes don’t ruin lives. After all, justice must be for everyone, or it isn’t justice at all.
Supporting our public defenders means supporting the rule of law. It means investing in fairness, in decency, and in the values we hold dear as Wyomingites. It’s time we give these quiet champions the recognition — and the resources — they deserve.
Tom Lubnau served in the Wyoming Legislature from 2004 - 2015 and is a former Speaker of the House. He can be reached at: YourInputAppreciated@gmail.com
