Public Defender History The Bill of Rights, adopted in 1791 as the first 10 amendments to the U.S. Constitution, established that persons accused of committing a crime have the right to be represented by lawyers. Since that time the U.S. Supreme Court has interpreted that right to mean that if a defendant cannot afford to hire an attorney, the court will appoint one to represent him or her.

In 1972, the U.S. Supreme Court ruled the right to counsel applies in all cases where the defendant faces a jail term, no matter if the case is a felony or a misdemeanor. Subsequently, the need for lawyers brought about rapid growth in the number of public defender offices and appointed - counsel systems around the country.