Why does the Legal Defender not represent everyone charged with a crime?
Reasons for the Legal Defender’s rejection of a case can be because of a conflict or because of caseload limitations. Criminal defense attorneys cannot represent a defendant whose case presents an ethical conflict. Conflicts can arise when a case involves multiple defendants (an attorney can ethically represent only one defendant in a case), or if the Legal Defender previously represented a witness, victim or other person involved in the case.Caseload limitations are governed by the attorney’s ability to provide competent, effective representation. In 1984, the Arizona Supreme Court established the maximum caseload a criminal defense attorney could carry in one year was the equivalent of 150 felonies. The Supreme Court ruled caseloads in excess of that number constituted ineffective legal representation in contravention of the Constitution.
