In the News: Mark Osler on the Constitutional Right to Counsel

Mark Osler, a professor at the University of St. Thomas School of Law and former federal prosecutor, spoke with KSTP about the role of court-appointed attorneys in high-profile federal fraud cases. Osler explained why providing qualified legal representation protects due process and helps ensure convictions withstand appeal, even in cases involving significant public scrutiny.

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From the story:
“There’s a righteous anger there and I felt it myself,” said Mark Osler, a former federal prosecutor and professor at the University of St. Thomas School of Law. 

But Osler cautions that the consequences of denying someone an attorney can be significant if a defendant appeals their conviction on the grounds of ineffective counsel. 

“There’s a way in which it benefits us all that those particular defendants have good attorneys because if they don’t … Then the whole case can come back again,” Osler said.

Defendants who want a court-appointed attorney must also swear to their financial situation under oath, and lying to the court can result in a new criminal charge.

Legal experts say court-appointed attorneys can also help protect taxpayer money in the long run.

“If we’re going to invest in something, investing in defense counsel is probably a good bet,” Osler said. “It does ensure a fair trial. It does ensure that we’ll only be doing this once.”