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Criminal

Dec. 11, 2025

Can courts order unwilling lawyers to defend the indigent?

San Francisco's proposal to order private attorneys to represent indigent criminal defendants ignores a fundamental reality: competent criminal defense requires years of specialized training, specific personality traits and skills that cannot be acquired in weeks -- making court-ordered representation both unworkable and potentially unconstitutional.

Jeanette Chu

Associate
Miller Waxler LLP

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Can courts order unwilling lawyers to defend the indigent?
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Undoubtedly, the right to counsel is a cornerstone of our justice system. And undoubtedly, the government cannot force someone to work against their will. But when those two rights are diametrically opposed to each other, how do you resolve that tension?

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