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Counsel

Representing defendants in a criminal case is one or more defense counsel. Defense counsel almost always sit at the table located the farthest from the jury box. If defendants can afford to, they are required to hire private counsel, unless the defendants choose to represent themselves. (Self-representation is known by the Latin term, appearing pro se.)

If defendants cannot afford an attorney, one will be appointed for them from one of two sources. Federal public defenders are government-paid lawyers who represent financially qualified defendants. Criminal Justice Act (CJA) or panel attorneys are lawyers in private practice who make themselves available to be appointed to represent such defendants. CJA attorneys are used in cases in which the federal public defender has a conflict of interest, representing one of several defendants in the same case. CJA attorneys also are used when public defenders do not have the resources – either staff or time – to handle the case, or if the particular court does not have a defender office. CJA attorneys generally are assigned at random from a list maintained by the clerk's office. In most judicial districts, however, judges can order that a particular attorney be assigned to a case if complexity of the case or the interests of justice require it.

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