Restructuring Public Defense after Padilla

Дата публикации: 06-10-2026 00:00:00

In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how public defense systems have incorporated this watershed decision on the ground. This Article presents the first empirical study of representation by public defenders in the post-Padilla era. By researching Padilla’s implementation in California—the state with the largest immigrant population in the nation and a longstanding commitment to public defense—this study shows how immigration expertise has been provided to indigent defendants and identifies weaknesses with the current delivery system.Our results reveal a patchwork system in which each county in California has created its own approach to immigration advising. Exhibiting efforts at compliance,...

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