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Consider This from NPR

Why Do So Few Public Defenders Become Judges?

Consider This from NPR

NPR

News Commentary, Society & Culture, Daily News, News

4.26.2K Ratings

🗓️ 19 March 2022

⏱️ 14 minutes

🧾️ Download transcript

Summary

Senate confirmation hearings begin next week for Supreme Court nominee Judge Ketanji Brown Jackson. If she is confirmed she will be the first Black woman on the high court and the first public defender. Judge Jackson served as a federal public defender between 2005 and 2007. She defended several Guantanamo detainees and others accused of crimes, a fact that her critics use to suggest that she works to free terrorists and put criminals back on the street.

The 6th Amendment to the Constitution guarantees every criminal defendant the right to an attorney. The right to have effective counsel, along with presumption of innocence are the basic principles of fairness in our legal system. But too often, having worked as a defense attorney is a stop sign on the road to the bench.

We speak with Martin Sabelli, president of the board of directors of the National Association of Criminal Defense Lawyers. He explains why our legal system needs more judges with a background in criminal defense.

In participating regions, you'll also hear a local news segment to help you make sense of what's going on in your community.

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Transcript

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0:00.0

On Monday, Senate confirmation hearings begin for Judge Katanji Brown-Jackson,

0:04.6

President Biden's nominee to replace retiring Justice Stephen Breyer on the Supreme Court.

0:09.6

She is no stranger to Senate hearings. Over the course of her career, she's been confirmed

0:14.2

three times for the United States Sentencing Commission to the Federal District Court,

0:18.5

and just last year to the U.S. Court of Appeals for the District of Columbia.

0:22.2

Looking at this slate of nominees, I'm struck that they not only bring qualifications

0:27.6

that are extraordinary, but also demographic and professional diversity.

0:33.2

During last year's confirmation hearings for Judge Jackson and four other nominees,

0:37.3

Illinois Democratic Senator Dick Durbin praised the ethnic and cultural diversity of the nominees,

0:42.4

all of whom were people of color. We needed on the federal bench.

0:45.8

He also singled out Judge Jackson, along with Candace Jackson Acumey, who was nominated for a seat

0:51.2

on the U.S. Court of Appeals for the Seventh Circuit, for one additional qualification that caused

0:56.0

their nominations to stand out. Both Circuit Court nominees are former Federal Public Defenders,

1:01.8

and will as a result bring that perspective and experience that is far too often missing on the bench.

1:07.7

The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to an attorney,

1:13.4

but even for the most highly qualified judicial nominees, it seems that having public defender

1:18.3

on the resume is a stumbling block, and for some, even I do not enter sign on the road to the bench.

1:24.0

Here's an exchange between Arkansas Republican Senator Tom Cotton and Judge Jackson during her

1:29.2

confirmation hearing for her current post on the Court of Appeals. Like Senator Cotton,

1:33.6

Judge Jackson received both her undergraduate and law degrees from Harvard. She'd also served

1:38.0

as a law clerk for just a Stephen Breyer, whom she's now been selected to replace, and she'd held

1:42.6

other significant positions in the law. Yet it was her work as a Federal Public Defender from 2005 to

...

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