defendant, as well as whether they are being paid by the ju- risdiction or the client.
bench, publicly screamed at me in front of my clients something like, “You don’t know what you are doing, let me plea these clients.” Although there were two defenders in the courtroom, we both had an excessive amount of cases and could barely handle our own. I ended up get- ting a serious … infection which landed me in the ER. … For almost 6 months of my life I could not get better.
The Code of Judicial Conduct requires that a judge “be pa- tient, dignified, and courteous to litigants,” and that a judge “perform judicial duties without bias or prejudice … in- cluding, but not limited to, bias or prejudice based upon … socioeconomic status.” 227 It is a central principle of the American legal system that every individual is equal be- fore the law. This principle is grossly undercut when judges treat defendants who are represented by publicly funded defense attorneys differently from defendants who can afford private counsel. Judicial training should include the importance of equal treatment for all defendants, and attorneys who witness disparate treatment by judges should report that treatment to presiding judges and other authorities as appropriate. 2. Judges should be disciplined for failing to enforce the constitutional rights of defendants. Judges must refrain from pressuring indigent defendants to waive counsel, and they must refuse to accept waivers of counsel that are not entered into knowingly, voluntar- ily, and intelligently. 228 A judge’s failure to honor the basic rights of defendants constitutes judicial miscon- duct. 229 Accordingly, disciplinary action should be pur- sued whenever a judge fails to enforce the constitutional rights of a defendant.
A public defender in a county in central Washington State reported that she works 10 hours a day, goes to the jail every day to visit her clients, and is a firm believer in public de- fense. This lawyer, who serves part time as a pro tem judge in another court, said that she was in “a burnout mode.” Be- fore taking a couple days off in April, she had gone 17 months without a vacation. One survey respondent wrote that the biggest challenge was “staying motivated with little to no support, little guid- ance/supervision or feedback as to performance. Minimal pay and benefits; lack of paralegals, resources ( i.e. , books, etc.) and frequently being short staffed.” Recommendation — Lawyer Burnout 1. Defender programs should have an active plan for combating attorney burnout.
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It pays employers to address burnout as soon as they see it because burnout has tremendous economic cost for legal em- ployers. … Burnout can result in absen- teesism, job turnover, low productivity, decreased job satisfaction, and reduced commitment to the job. Burned out at- torneys work a suboptimal pace and produce work inferior to their capabili- ties. … Ultimately, the lawyer will quit the work environment[.] 230
“I do not believe that there is any relief in sight and I am looking for another job.”
— A defender in a rural, southern area.
The costs of burnout in public defender offices, in lack of efficiency and frequent turnover, accrue directly to the taxpayers. And, the cost to clients can be high. For these reasons, defender program administrators should be proactive in combating burnout. Every state bar association, and most local and county bar associations, have a lawyers’ assistance program that can help individual defenders, and often defender programs, to combat burnout. The programs help lawyers combat a number of the aspects of burnout including depression, anxiety, stress, financial problems, work-life balance is- sues, as well as substance abuse, gambling, eating disor- ders, and other mental health issues. Lawyer assistance programs are staffed by social workers and psychologists who may be able to help defender administrators develop programs to combat burnout. Additionally, every public
Lawyer Burnout in Misdemeanor Courts
The impact on defenders of excessive caseloads, lack of ac- cess to support services, supervisors or mentors, and a court that is constantly applying pressure to move the docket can be overwhelming both mentally and physically. One for- mer public defender recalled the following:
I was a brand new appointed assistant PD in a division that moved rapidly (rocket docket). I remember on my third day in the courtroom, the Judge, from the
Minor Crimes, Massive Waste
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