7.10. Courtroom Workgroup: Defense Attorneys 
LORE RUTZ-BURRI 
The Sixth Amendment to the U.S. Constitution provides, “The accused shall enjoy the right . . . to have the 
Assistance of Counsel for his defense.” Most state constitutions have similar provisions.  Historically, the right 
to counsel meant that the defendant, if he or she could afford to hire an attorney, could have an attorney’s 
assistance during his or her criminal trial. This right has developed over time and now includes the right 
to have an attorney’s assistance at all critical stages in the process, or at all criminal proceedings that may 
substantially affect the right of the accused.  Importantly, the right to assistance of a defense counsel has been 
held to require that the state pay the costs of the defense counsel when a person is indigent or has insufficient 
financial resources to pay. 
Privately Retained Defense Attorneys 
Individuals accused of any infraction or crime, no matter how minor, have the right to hire counsel and 
have them appear with them at trial. The attorney must be recognized as qualified to practice law within 
the state or jurisdiction, and generally, criminal defendants do well to hire an attorney who specializes in 
criminal defense work.  However, because many criminal defendants don’t have enough money to hire an 
attorney to represent them, the court will need to appoint an attorney to represent them in criminal cases. 
 
Appointed Counsel 
Federal and state constitutions do not mention what to do when the defendant wants, but cannot afford 
an attorney’s representation. Initially, the Court interpreted the Sixth Amendment as permitting defendants 
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