What a Public Defender Does
A public defender is a licensed attorney employed by the government to represent people charged with crimes who cannot afford to hire a private lawyer. The right to that representation comes from the Sixth Amendment and the Supreme Court's 1963 decision in Gideon v. Wainwright, which held that states must provide counsel to defendants who cannot pay for it.
In practice, that means public defenders do the full work of criminal defense: interviewing clients, reviewing police reports and evidence, filing and arguing motions, negotiating with prosecutors, taking cases to trial, and handling sentencing and appeals. Most work at the state or county level in a dedicated public defender office; the federal system has its own Federal Public Defender offices for federal charges.
The defining feature of the job is volume and responsibility, early. New public defenders are often in court within weeks of being sworn in, handling their own caseload of misdemeanors or lower-level felonies and appearing before judges far sooner than a first-year associate at a private firm would.
A Day in the Life
No two days look the same, but a typical week involves a mix of courtroom appearances and behind-the-scenes work:
- Arraignments and hearings: Standing up in court for multiple clients in a single morning — entering pleas, arguing bail, setting next dates.
- Client meetings: Meeting clients in the office, at the courthouse, or in custody to explain charges, options, and strategy.
- Case preparation: Reading discovery, researching legal issues, drafting motions to suppress evidence or dismiss charges.
- Negotiation: Working out plea agreements with prosecutors when a deal serves the client better than trial.
- Trials: Selecting juries, cross-examining witnesses, and delivering arguments — the courtroom experience that draws many people to the job.
How to Become a Public Defender
- Earn your JD and pass the bar. You need a law degree and an active license in the state where you want to practice. (See our how to become a lawyer guide.)
- Build criminal-law experience in law school. Criminal defense clinics, prosecutor or public defender internships, and trial advocacy competitions are what hiring offices look for.
- Do a summer or postgraduate internship at a PD office. Many offices hire their new attorneys directly from their intern pools.
- Apply to public defender offices. State, county, and Federal Public Defender offices post openings; some large offices (Legal Aid, the Bronx Defenders) hire in structured annual cycles.
- Interview for fit. Offices look for commitment to the mission, comfort in a high-volume environment, and the judgment to advocate hard for clients.
Salary and Loan Forgiveness
Public defenders are paid on government salary scales, which are well below private-firm pay. The most recent authoritative figure comes from NALP: the median entry-level public defender salary was $69,600 as of 2023.
Pay rises with experience and supervisory responsibility, and varies widely by jurisdiction — a public defender in a high-cost city earns more than one in a rural county. Exact senior and supervisor salaries depend on the office and are set by local pay scales.
Source: NALP Public Sector & Public Interest Salaries (2023 median).
What makes the numbers work for many public defenders is Public Service Loan Forgiveness (PSLF). Because public defender offices are government employers, attorneys who make 120 qualifying monthly payments (about 10 years) on an income-driven repayment plan while working full-time can have their remaining federal student-loan balance forgiven, tax-free. For a lawyer carrying six figures of law-school debt, that can be worth far more than a higher nominal salary elsewhere.
Some law schools also offer Loan Repayment Assistance Programs (LRAPs) that help graduates in public-interest jobs cover their loan payments — worth checking with the schools you're considering.
Pros and Cons
The Upsides
- Real courtroom experience almost immediately
- Mission-driven work that helps people at their most vulnerable
- PSLF and LRAP make student debt manageable
- Trial skills that transfer to any litigation career
- Tight-knit, supportive office culture
The Trade-offs
- Heavy caseloads and long hours
- Lower pay than private practice
- Emotionally demanding work and exposure to burnout
- Limited resources compared with the prosecution
- Difficult outcomes you can't always change
Is Public Defense Right for You?
Public defense suits people who want to be in a courtroom, believe in the right to counsel, and would rather have responsibility and meaning early than the highest possible salary. If your goal is trial experience, a public defender office will give you more of it, faster, than almost any other first job in law.
If you're weighing it against other paths, compare it with Big Law (far higher pay, very different work) and solo practice (independence, variable income). A mentor who has done the job is the single best way to know if it fits.
Explore Your Legal Career Options
Public defense is one of many paths a law degree opens. See how it compares with the others before you commit.