South Carolina Criminal Defense Blog

I attended the "installation" of our Circuit Public Defender Orrie West this afternoon, and I was reminded that I need to comment on the importance of the work that public defenders here and across the country do. The fact is the majority of people who are charged with crimes cannot afford to retain a defense lawyer, and competent indigent defense is essential to our justice system.

There should be a defender for every prosecutor, and defendants should have resources equal to those of the government. This will most likely never happen, given the enormous resources that the government can bring to bear when they decide to convict a person, but we must continue to improve the system nevertheless. Our justice system only works when there is an effective and ethical advocate on each side of the case, and the system fails us when defenders are overwhelmed with huge caseloads or a lack of investigators and support staff.

Thanks to the tireless efforts of public defenders, private attorneys, and advocates in our state legislature, South Carolina now has a statewide public defender system in place, and it is funded. This was a positive step forward for South Carolina, in a time when many states are struggling to maintain funding for indigent defense. It is popular to fund law enforcement and prosecution agencies, but legislators nationwide need to consider not what is popular but what is just. The playing field is not level by any means, but we are one step closer.

I began my career as a public defender, and I do not mind handling appointed cases today. I have the utmost respect for those defenders who could be making significantly more income in private practice and yet stay with their jobs as public defenders (or prosecutors) because they believe in a just cause.

Congratulations to Orrie West who will continue as the Chief Public Defender for the 15th Judicial Circuit.