The Salary of a Federal Public Defender

When people with little income are accused of federal crimes, they can be represented by a federal public defender. This comes from a 1963 U.S. Supreme Court ruling, Gideon v. Wainwright, which found that the poor were entitled to legal representation paid for by the government when accused of serious crimes. These are lawyers who work on salary for the federal government and were found in a Harvard University study to be more effective in defending their clients' rights than court-appointed lawyers who charge an hourly rate. Salaried public defenders also cost the U.S. taxpayers less for their services.

  1. How Pay is Decided

    • The U.S. Circuit Courts of Appeals sets the salary for federal public defenders so that it doesn't exceed the salary of the U.S. attorney in the same district. Salaries do vary by district to account for cost-of-living differences in different areas of the country. If the defender receives additional salary above the base salary scale, this is called "locality pay."

    Average Salary

    • According to the U.S. Bureau of Labor Statistics, the average pay for a federal attorney was $127,550 a year in 2009. This number includes all federal attorneys, but federal attorneys work on the same pay scale, with variations occurring because of experience, pay grade and location. It is an overall average of all federal attorneys. Compared with the pay in other organizations that employ the most attorneys, federal pay for attorneys is in the middle. Management of Companies and Enterprises and Legal Services pay more while Local Governments and State Governments pay less on average.

    Experienced Attorneys

    • Public defenders can fall within the GS-11 to GS-15 pay grades. Where they start on that scale depends on their experience, though the Department of Justice notes that negotiation also plays a role in establishing salary for experienced attorneys. To be eligible for the GS-15 pay grade, attorneys must have at least four years of experience. In 2011, the base salary for this pay grade was $99,628 to $129,517 a year. With additional locality pay, this rate can go much higher.

    Entry-level Attorneys

    • While generally the only experience considered is actual experience as lawyers, entry-level attorneys are sometimes hired through the Honors Program. Honors Program attorneys have a law degree with experience as a clerk or they may be studying post-law or pursuing legal fellowships. Entry-level attorneys are generally hired as assistant defenders. Their base salary can range from $50,287 a year to $71,674. With additional locality pay, this rate can go much higher.

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