[fpgeek]

Yes, the theoretical availability of public defenders satisfies the literal text of the amendment. That being said, effectively banning most private counsel (except those working for free or possibly on contingency) and, in practice, forcing most defendants to rely on a government-employed counsel means locking up the spirit and throwing away the key.

[_delirium]

Isn't the spirit of the amendment that everyone should have a good defense? The spirit of the amendment, to me, doesn't really seem to be "you can have as good a defense as you can afford", but more like, "you have the right to a good defense", period. Put differently, if a public defender isn't good enough to satisfy the spirit of the 6th amendment when someone who has money is on trial, then it should also not be good enough for the spirit of the 6th amendment when someone who doesn't have money is on trial.

I could possibly see the spirit of the amendment better served if everyone were defended via the same public-defender system, regardless of income level. That would provide equal access to justice, and also provide middle-class and wealthy people an incentive to make sure it's actually properly funded, since it's the system that would defend them, not only poor people. I'm not sure if that's a better or worse interpretation of the letter of the constitution, though.

[vidarh]

In Norway, there is no dedicated public defender system. Instead what happens is that the bar association negotiates rates with the government, and most lawfirms will take cases paid for by the government.

There are still limitations. E.g. someone going private could hire a team to spend whatever time necessary while someone being defended under the public system will get one lawyer subject to billing limitations. And people relying on the public system does not get to pick and choose. But at least you have a good shot at getting someone good, that is not overloaded with cases.

As an example, I was sued by the government for refusing to accept formalities around my refusal to accept conscription (a small number of people go to jail in Norway for it every now and again for 3 months or so, and they keep making the accepted reasons to get out of it more lenient to make people just pick one of the accepted reasons rather than make a point; for my part it was very much to make a point, though I didn't end up in jail in the end), and my government appointed defence lawyer was one of the top lawyers in the country, who had argued cases in front of the Supreme Court multiple times, and who had conscription related cases as a special interest.

It's quite tragicomic to me that left-wing Norway has privatized the public defender system exactly to provide more equal access, while the US hold on to a socialized system that practically guarantees unequal access to justice.