Imagine a situation where no lawyer, including public defenders, is willing to represent you after being charged with a crime. Let’s say public defenders quit or face sanctions to avoid taking the case. Would the charges against you be dismissed because you didn’t get your right to an attorney?
The court would assign an attorney. Being part of the bar comes with obligations, including being assigned clients by the court. A lawyer can’t simply refuse without facing consequences like contempt of court.
@Phoenix
This is a helpful response. It addresses what would actually happen, instead of saying ‘this would never occur.’
If this happened, your case would likely be postponed repeatedly until a lawyer took the case. Judges have ways to ensure representation.
Van said:
If this happened, your case would likely be postponed repeatedly until a lawyer took the case. Judges have ways to ensure representation.
A judge would eventually order a lawyer to represent you, even if they didn’t want to. States often pay for representation in serious cases like murder to avoid convictions being overturned due to ineffective counsel.
This scenario is implausible. Even people accused of the most heinous crimes, like serial killers or war criminals, find representation. Defense lawyers believe strongly in ensuring fair trials, regardless of the client’s actions.
@Basil
There was a case in Winnipeg where a man tried to kill a lawyer with a mail bomb. Even he found representation. He was convicted and sentenced to life in prison.
If you’re eligible for a public defender, the court assigns one, and they can’t refuse without court approval. If no public defender is available, the court would grant continuances until one is assigned. For extreme cases, judges might appoint private attorneys paid by the state.
A similar situation occurred in Israel with John Demjanjuk, a naturalized American accused of being a Nazi war criminal. Only one lawyer in the country agreed to take the case, but the court ensured representation. Cases like these show that courts will find a way to provide legal counsel.
Attorneys often have requests to withdraw denied by judges. They do their job because losing their career over one case isn’t worth it. If your hypothetical assumes all lawyers would quit or face disbarment to avoid representing you, then the legal system itself would have broken down.
If no lawyer in the country would take the case and it wasn’t due to the defendant’s actions, it could be seen as a violation of due process. The charges might be dismissed, but this scenario is extremely unlikely.