The Public Defender Service (PDS) for the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

provides legal defense to individuals on a court-appointed basis for criminal (at the trial and appellate levels) and delinquency cases indigent adult and juvenile defendants/ respondents. Its Mental Health Division provides representation to persons facing involuntary

civil commitment Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hos ...

based on allegations that the person is a danger to self or others as a result of mental illness. Its parole division represents parolees charged with violating parole and facing revocation before the

United States Parole Commission The United States Parole Commission is the parole board responsible for granting or denying parole to, and supervising the parole releases of, incarcerated individuals who fall under its jurisdiction. It is part of the United States Department of Ju ...

. PDS also provides other legal-related services in DC.

History

The organization began in 1960 when the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

established the Legal Aid Agency for the District of Columbia (LAA) under the District of Columbia Legal Aid Agency Act for the purpose of representing people who could not afford an attorney in criminal, juvenile, and mental health proceedings. The Bar Association of the District of Columbia's Board of Directors devoted itself in 1955 to promoting the creation of a legal aid entity that would provide "competent and conscientious legal assistance" in a manner that would be "an inspiring example for other communities," issuing its "Report of the Commission on Legal Aid of the Bar Association of the District of Columbia" in 1958. Then-Chief Judge of the

U.S. Court of Appeals for the District of Columbia The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...

E. Barrett Prettyman Elijah Barrett Prettyman (August 23, 1891 – August 4, 1971) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. His son was American attorney E. Barrett Prettyman Jr. Education and ca ...

, using the report, led a group of lawyers who went to the

and advocated for the establishment of an office that would focus on more serious criminal cases, juvenile delinquency cases, and mental health cases. LAA would break with past practice by being entirely government-funded and would be completely independent from the executive, judicial, and legislative branches of government. In 1963, the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

's decision in ''

Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...

'' recognized the constitutional

right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...

in criminal cases for people unable to afford their own attorneys in

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

matters. Shortly thereafter, LAA leadership crafted the 1970 statute that established the current District of Columbia Public Defender Service (PDS), broadened the mandate to include the Appointment of Counsel Program (now the Defender Services Office) and the Offender Rehabilitation Division (now the Office of Rehabilitation and Development), and secured the apolitical role of the PDS Board of Trustees. PDS's mandate was to provide representation for up to sixty percent of the persons who are annually determined to be financially unable to obtain adequate representation. Those not represented by PDS are represented by private attorneys compensated through Criminal Justice Act (CJA). In 1974, the

Law Enforcement Assistance Administration The Law Enforcement Assistance Administration (LEAA) was a U.S. federal agency within the United States Department of Justice. It administered federal funding to state and local law enforcement agencies and funded educational programs, research, s ...

of the

U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

(DOJ) labelled PDS as an "exemplary project" and model for other jurisdictions. PDS has been innovative in the delivery of legal services with the implementation of PDS's Correctional Services Program (services now provided by the Parole Division and the Institutional Services Program) in 1974, the Volunteer and Intern Program (now the Criminal Law Internship Program) in 1977, the Juvenile Services Program in 1982, a special litigation counsel position (now the Special Litigation Division and the Special Counsel to the Director for Legislative Affairs) in 1988/1989, the Community Defender Program (now the Community Defender Division) in 2000, and the Civil Legal Services Unit (now the Civil Legal Services Division) in 2001. PDS also established its Forensic Practice Group (FPG) in 2001 in response to its concerns that no current scientific method ensures the accuracy and reliability of many of the tools used to investigate and prove criminal cases and that across the nation, inconsistent practices are applied regarding such critical matters as who collects the evidence, how it is processed, and how it is interpreted.

Organization

Trial Division

Attorneys in the Trial Division represent adults in criminal proceedings in the

District of Columbia Superior Court The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving criminal and civil law, as well as family court, landl ...

and children in

juvenile delinquency Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a person ...

matters. Attorneys are assigned to specific levels of cases based on experience and performance. Some attorneys in the Trial Division handle cases involving DNA evidence,

expert testimony An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...

, multiple-count

indictments An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...

, and novel or complex legal matters. PDS attorneys provide representation in the majority of the most serious adult felony cases filed in

D.C. Superior Court The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving Criminal justice, criminal and Civil law (common law), ci ...

each year.

Appellate Division

Attorneys in the Appellate Division handle the appellate litigation generated in PDS cases, provide legal advice to Criminal Justice Act attorneys who require assistance in appellate matters, and respond to requests from the

District of Columbia Court of Appeals The District of Columbia Court of Appeals is the highest court of the District of Columbia, in the United States. Established in 1970, it is equivalent to a state supreme court, except that its authority is derived from the United States Congr ...

for briefs in non-PDS cases involving novel or complex legal issues. Another important function of the Appellate Division is to provide a wide range of technical assistance and training to other PDS divisions.

Mental Health Division

Attorneys in the Mental Health Division (MHD) handle involuntary

cases that arise in DC Superior Court. PDS is initially appointed when a person is detained in a

mental hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociati ...

upon allegations that the person is a danger to self or others as a result of

mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...

. MHD lawyers also represent persons in post-commitment proceedings, including commitment reviews and

outpatient A patient is any recipient of health care services that are performed by healthcare professionals. The patient is most often ill or injured and in need of treatment by a physician, nurse, optometrist, dentist, veterinarian, or other health care ...

revocation hearings, as well as in involuntary commitment proceedings of persons found incompetent to stand trial because of mental illness, and in matters relating to persons found not guilty by reason of insanity in DC Superior Court or

United States district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

cases. The lawyers in this division also provide information to the

Council of the District of Columbia The Council of the District of Columbia is the legislative branch of the local government of the District of Columbia, the capital of the United States. As permitted in the United States Constitution, the district is not part of any U.S. state ...

on proposed

mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles stress, interpersonal relationships, and decision-making. Mental health ...

and mental retardation legislation, conduct training sessions on the rights of mentally ill persons involved in civil commitment actions, and provide legal assistance to Criminal Justice Act lawyers appointed by the court to handle involuntary civil commitment cases.

Special Litigation Division

The Special Litigation Division handles a wide variety of litigation related to the constitutional rights of PDS clients and reforming systemic

criminal justice system Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

practices.

Parole Division

The Parole Division provides representation to DC Code offenders facing revocation before the

and their appeals before the National Appeals Board. In addition, this division provides legal assistance to DC inmates housed throughout the country in

Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...

facilities who write letters requesting counseling regarding parole eligibility matters and other related issues.

Community Defender Division

As part of PDS’s holistic approach to public defense, the Community Defender Division (CDD) provides services to adults and children, primarily those who are in the post-adjudication stage of a criminal or juvenile delinquency case in Superior Court. CDD provides its services through specialized programs for adult and juvenile clients. The Community Defender Division provides services through two programs: 1) the Juvenile Services Program (JSP) represents children at institutional disciplinary hearings at the

's youth detention centers and works with community organizations to develop reentry programs that address the special needs of children; and 2) the Prisoner & Reentry Legal Services Program (PRLS) responds to the legal and social services needs of incarcerated persons and newly released individuals convicted of DC Code offenses.

Civil Legal Services Division

The Civil Legal Services Division (CLS) provides services addressing issues facing children in the juvenile delinquency system. CLS has a team of special education attorneys who are experts in advocacy under the federal

Individuals with Disabilities in Education Act The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA wa ...

(IDEA). In addition, CLS addresses other rehabilitative needs of these children and of adult clients by providing representation in civil matters arising out of their criminal charges — public benefits entitlement, housing, child support, and health care services. CLS also provides consultation for attorneys with clients in the criminal justice system who face immigration consequences.

Investigations Division

The Investigations Division is composed of rigorously-trained, professional investigators who are in-house PDS staff members. Staff investigators provide support to the Trial, Appellate, Parole, Mental Health, Civil Legal Services, Community Defender and Office of Rehabilitation and Development divisions. Investigators assist PDS attorneys at all stages of a case beginning the day the case arrives to the agency. PDS investigators visit crime scenes, locate and interview witnesses, contribute to the development of defense theories, collect and analyze evidence, records and discovery materials and testify in court in relation to their investigations. As the PDS Criminal Law Internship Program falls under the purview of the Investigations Division, participating interns work closely with staff investigators. The Investigations Division is responsible for the provision of ongoing, accredited, external training to many investigators working in the District of Columbia in connection to the Criminal Justice Act. Staff investigators also provide additional external training at the local and national level, notably for the National Defense Investigator Association at its annual conferences.

Legislation

The

District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014 The District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014 () is a bill that would make changes to the District of Columbia Official Code that governs the D.C. Courts system. The bill ...

(H.R. 4185) is a bill that would make changes to the District of Columbia Official Code that governs the D.C. Courts system.

Notable alumni

* Barbara A. Babcock * Corinne A. Beckwith * Stephen Bright *

David Cicilline David Nicola Cicilline (; born July 15, 1961) is an American lawyer and politician serving as the U.S. representative for since 2011. A member of the Democratic Party, he was the 36th mayor of Providence from 2003 to 2011, the first openly ...

* Tanya S. Chutkan * Catharine F. Easterly * Todd E. Edelman *

James Forman Jr. James Forman Jr. (born James Robert Lumumba Forman; June 22, 1967) is an American legal scholar currently serving as the Professor of Law at Yale Law School. He is the author of '' Locking Up Our Own: Crime and Punishment in Black America'', which ...

* Stephen H. Glickman * Kristin Henning * Peter Hoagland * Vida Johnson * Cynthia E. Jones *

Alec Karakatsanis Alec Karakatsanis (born November 7, 1983) is an American civil rights lawyer, social justice advocate, co-founder of Equal Justice Under Law, and founder and Executive Director of Civil Rights Corps, a Washington D.C. impact litigation nonpro ...

* W. Gary Kohlman * James Simon Kunen * Amit Priyavadan Mehta *

Charles Ogletree Charles James Ogletree Jr. (born December 31, 1952) is an American attorney, law professor and the Jesse Climenko Professor at Harvard Law School, the founder of the school's Charles Hamilton Houston Institute for Race and Justice. He is also th ...

Karl Racine Karl Anthony Racine (born December 14, 1962) is a Haitian-American lawyer and politician. He is the first independently elected Attorney General of the District of Columbia, a position he has held since January 2015. Before that, he was the mana ...

* Jonathan Rapping * Michele A. Roberts *

Louis Michael Seidman Louis Michael Seidman (born 1947) is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center in Washington, D.C., a widely read constitutional law scholar and major proponent of the critical legal studies movemen ...

Ronald S. Sullivan Jr. Ronald S. Sullivan Jr. (born December 12, 1966 in Gary, Indiana) is a law professor at Harvard Law School. Sullivan graduated Phi Beta Kappa from Morehouse College in 1989 and received his Juris Doctor from Harvard Law School in 1994. Prior t ...

* Ricardo M. Urbina *

Robert L. Wilkins Robert Leon Wilkins (born October 2, 1963) is a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Early life and education Wilkins was born in 1963 in Muncie, Indiana,

References

{{Reflist Legal aid in the United States Government of the District of Columbia Criminal defense organizations 1960 establishments in Washington, D.C. Columbia, District of