Does every indigent person, or those charged with a crime but unable to afford an attorney still receive effective representation? 

While this right to counsel is protected by the sixth and fourteenth amendment, there are systemic disparities, even in Guam. 

A recent evaluation by non-profit organization Sixth Amendment Center revealed there is “undue judicial influence” over our indigent defense system. 

Sixth Amendment Center deputy director Aditi Goel said, “The indigent defense system, it is very young, but it is overseen by a board that has judges on it–both the Chief Justice and the Presiding Judge. And they appoint other members of the board.”

Sixth Amendment Center executive director David Carroll explained why having judges oversee the public defense service corporation can pose a problem. 

“There may not be a lot of zealous advocacy on the part of the defendants as far as filing motions and other things like that. There are long delays at the beginning of counsel. Then once you have counsel, they often just do what needs to be done just to get the case processed and moved along,” said Carroll.

Plus, regardless of their qualifications or willingness, the court has the ability to appoint any active private attorney to a criminal case when a public defender or alternate public defender has a conflict of interest. 

Carroll added, “Just because someone has a bar card, doesn’t mean they can be a good criminal defense lawyer. You wouldn’t go to a dermatologist for brain surgery even though both are licensed physicians. It’s a similar thing. A real estate lawyer is not properly trained to defend a client.”

It's why the sixth amendment center recommends Guam to create an independent right to counsel commission overseen by members from all three branches of government. 

Goel said, “Every single indigent defendant has a constitutional right to have counsel that is independent that is advocating solely for their best interest.” 

It's a recommendation these experts are committed to helping policy makers navigate.