Why Can't I Hire My Public Defender Privately?

[littleblu]

My question involves criminal law for the state of: Virginia

I need help explaining something to my uncle and was hoping someone here could help.

My uncle committed a crime and was given a court appointed lawyer. My uncle has been driving everyone nuts with this same question for years. We explain it to him and then several weeks later he asks again. He has mental problems and I think our explanations are confusing to him.

So here's the question. He wants to know why his court appointed lawyer cannot also be his lawyer to sue the police for the issue in which he committed the crime? I think what's really making it confusing is that the court appointed lawyer has his own private practice but he volunteers to be a public defender. Can anyone come up with a really good explanation?

[BOR]

So here's the question. He wants to know why his court appointed lawyer cannot also be his lawyer to sue the police for the issue in which he committed the crime? I think what's really making it confusing is that the court appointed lawyer has his own private practice but he volunteers to be a public defender. Can anyone come up with a really good explanation?

To act as private counsel after representing him as criminal counsel, as a taxpayer paid public defender, is no doubt a "Conflict of interest".

It is either prohibited by state law, or better so, by the rules of professional conduct attorney's abide by? Both are just possible examples, not knowing if either apply, or the conflict doctrine may just be ingrained in the work standard for the profession?

[littleblu]

So if the prosecutor were to even briefly discuss this case with another attorney, then that attorney wouldn't be able to take my uncle as a client, right?

[BOR]

So if the prosecutor were to even briefly discuss this case with another attorney, then that attorney wouldn't be able to take my uncle as a client, right?

I don't think so, not if he or she was another public defender on taxpayer money.

[abarnett]

Well, I can't speak for how it works in every jurisdiction, but I've had folks try to hire me privately and I don't do it simply because I don't have the time to run a work-for-hire caseload in addition to my court-appointed duties. I'd have to take out a different type of insurance, worry about billing issues, make sure I don't use any county resources in working the case, etc. It's just too many headaches.

I don't think conflict of interest ever enters it. The State is the one who files criminal charges and prosecutes them, and as an Assistant Public Defender, I don't work for the State. I am paid by the Court Fund and things like insurance come from Tulsa County. So, while the State prosecutes you, the County defends you. The Assistant District Attorney and I do not work for the same folks in any capacity.

The main reason I wouldn't take this particular case is because you're talking about a civil action against the police. As a criminal defense attorney, a civil action is not what I typically practice and even if I represented you as a private hire in the criminal action, I wouldn't take on the civil case. Even though lawyers don't "specialize" per se, it's more effecient to limit the kinds of cases you accept.

So, find a good civil lawyer. Hope that helps!