The Public Defender Movement in the Age of Mass Incarceration: Georgia's Experience

Abstract

Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions — such as front-end criminal law policies and funding decisions — continued to shape the actual quality of representation received by poor people.

Keywords: right to counsel, criminal procedure, jurisprudence, cause lawyering, legal history, mass incarceration, indigent defense, 6th amendment, constitution, popular constitutionalism, localism, georgia, courts, justice