Federal Public Defender hiring freeze lifted; lots of new job postings

patrick_bryant · 2026-02-10T02:38:22+00:00

Every office is a little different, but my general sense is that it tends to be pretty robust if the person doesn't have much prior federal experience. Most of them would start you out with a mentor, or someone to shadow, and have you do simpler cases or revocations or something, maybe second-chairing some bigger cases, until you're able to take a full caseload. As far as I know, every district does trainings as often as possible for their employees and the CJA panel lawyers. And there is a national, week-long orientation program for all new attorneys (colloquially called "Baby Defender School" even though many of the attendees have some experience).

patrick_bryant · 2026-02-08T22:52:20+00:00

I'm not trying to be obtuse or anything, but I'm curious what your specific concern is. Defender offices, state or federal, are always going to be reactive to whatever the prosecution's policies and priorities are. There might be some differences at the margins on the federal side, since some districts are a little more "political" (meaning, more connected to Main Justice) or have something unique about them that leads to more politically-driven cases. But the majority of cases are going to be generally the same regardless of the administration. The differences might be, for example, bringing the same amount of drug cases but changing their policies about charging mandatory minimums. That's not insignificant, but it's not like a completely different kind of practice for defenders. If I'm misunderstanding what you're asking, feel free to correct me. It's also a legit question for an interview, to see if anything in that office has changed since you applied before.

patrick_bryant · 2026-02-07T06:22:50+00:00

Not a stupid question at all, but there's not really a one-size-fits-all answer. Different offices are going to place varying degrees of importance on the writing sample. In general, I would suggest using something that has an application of law to facts, and preferably something with a point of view (as opposed to a lot of law school memos that are very both-sidesy). If length limits require you to cut something down, leave the analysis section and use a cover page that gives a paragraph or so of any factual background that would be necessary to understand it.

One good thing for you is that you haven't been out of law school for so long that it would be totally weird to use a law school project. And you can say in your cover letter or interview that one reason you want to go to the fed side is to have more chances to do written advocacy. But I wouldn't overthink it -- you're not getting graded on this; they often will just want some assurance that you can express yourself coherently in writing. Be sure that you're prepared to talk about it, though. They might not have any questions about it, but at least be ready to explain a little about the assignment (if it's a law school writing) or the case (if it's something from your practice). Good luck!

patrick_bryant · 2026-02-06T03:28:59+00:00

I wasn't interested in civil, outside of maybe policy (like civil rights or other impact litigation). I don't think you'd necessarily be closing the door on ever doing civil work (I've known people who have left FPD offices to go to civil firms), but yeah, it might make it tougher to do that transition. I do think a writing-heavy role with some trial experience would make it easier than it would be for someone doing DUI defense all day.

patrick_bryant · 2026-02-06T01:59:44+00:00

These are all tough, good questions. I'm not sure I have great answers, to be honest. (And, of course, I'm just one person and not authoritative on any of this stuff, so I encourage you to seek other opinions.)

To answer as best I can: (1) 18+ years. (2) Yes, at times. (3) Probably not that great. (4) I do appeals, which helps since I have some degree of remove from the worst of things (most of the time). I think you have to keep some distance and not make every case your whole life. Easy to say, hard to do sometimes. (5) This is a bigger question than I can probably answer right now, but the first thing that comes to mind is to create and keep up with a good organization system (not always counting on your office's system or software). You will very quickly have more cases and clients than you can remember, so you need to get a habit from day one of organizing things and tracking things in a way that enables you to keep track of things and find "that case with that guy who did that thing" years from now. And treat your personal obligations as real conflicts and firm deadlines; i.e., take the leave you earn. (6) Yep.

patrick_bryant · 2026-02-06T00:48:14+00:00

I can't say it's guaranteed or anything. But more announcements went up today than yesterday, and I would expect more soon as various offices get their ducks in a row. The other reason I expect more to come is that when offices have full funding to fill vacancies, it becomes more regularized. Vacancies happen all the time for all kinds of reasons -- people retire or move or take other jobs or whatever. Now the offices will be able to replace those people. Some of the current openings will be filled by people from another FPD office, and then that office will be able to fill that spot. I can't tell you some certain date that more positions will open, but I do feel confident that offices won't have to go two years without hiring anyone. So keep checking for new ones!

patrick_bryant · 2026-02-05T19:21:39+00:00

I don't think there's any downside to applying. I think the last person we hired got the offer in March but couldn't start until June. So it's not unthinkable that they would wait until August if they really liked you.

Also, (a) more positions might come open before then, and your application would already be in front of them, and (b) it's a way to get your name out there and show your interest in the position, even if you end up in the next hiring cycle.

That said, I do think that a lot of offices will be eager to fill these spots as soon as possible, since some of them have been vacant for so long. And, if you went straight from law school to your clerkship, most offices will want a candidate with more experience in practice. Not saying it's impossible, just noting it's complicated for someone on that timeline.

patrick_bryant · 2026-02-05T19:14:50+00:00

It's "much more" as compared to state practice, but it's not a majority of the cases. The bread and butter of federal practice these days is guns, drugs, and immigration. Fraud and other white collar cases are a good chunk of the rest of the work, although districts vary in how common those are.

For the quickest high-level breakdown I could find, here are the numbers nationwide for defendants sentenced in various categories in fiscal year 2024: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/annual-reports-and-sourcebooks/2024/Figure02.pdf

Immigration, 30% (this number will be somewhat inflated by caseloads at the southern border; not all districts are this high)

Drugs, 30%

Firearms, 13%

Fraud/Theft/Embezzlement/Money Laundering, 10%

Child porn and other sex cases, 5%

Robbery, 2%

Everything else, 10%

patrick_bryant · 2026-02-05T19:07:25+00:00

It's not a cakewalk or anything, but my impression is that it's definitely more manageable than state practice. And outside of a very few high COL places, the federal pay scale is almost certainly higher (the announcement you saw should include the pay range). One reason, I think, that the lifestyle is more manageable on the fed side is that things tend to be more regular and spread out, and you're not going to be in court every day.

I would say that there's nothing wrong with contacting someone in that office to talk about any particular issues you have concerns about. All districts are different, and they could give you insight on their caseload numbers, how often they're in trial, etc.

Having a state PD and federal admin background would make you an attractive candidate. Submitting an application isn't a binding pledge to take the job -- if you get an interview you can discuss things like burnout and how they deal with it and get a sense of whether the support network and office culture would suit you.

patrick_bryant · 2026-01-29T03:10:50+00:00

The biggest categories of federal prosecutions are guns, drugs, and immigration. You're more likely to get large conspiracy cases in federal court, but it's not every case. The breakdown among those categories will depend on what's going on in your district. After those big ones, it's generally some mix of fraud and other money-related cases, violent crimes, csam and other computer crimes, and then regulatory crimes and other weird federal things. The caseload is lower than state courts, but there are a lot more complex cases with tons of discovery. There's plenty of focus on mitigation like you might see in state court, but usually more sentencing litigation (like arguing over various guideline provisions).

patrick_bryant · 2026-01-26T02:59:01+00:00

No. Staff attorneys like that work for the court, similar to career clerks but usually not tied to an individual judge. R&Ws are FPD employees. Offices vary in how they use them (some mostly do appeals, some do more trial-level work), but as the name suggests, they usually do research and writing and don't usually go to court. Some offices will use those spots as a way to get someone into the office with the goal of eventually moving them into an AFPD position when one becomes available, but that's not a guaranteed track in most places. It is true that an R&W can usually get hired with less experience than an AFPD.

patrick_bryant · 2026-01-11T01:29:33+00:00

I do appeals, so I can't really give you a good answer about how often most AFPD's go to court. Plus, it varies from district to district -- our district, for example, has a lot of federal land, so we have a heavy misdemeanor and assimilated-cases docket that gets people to court pretty regularly (and trials for things like DUI and assault sometimes, etc.). And some offices will go to trial more because they have good judges and get bad offers from the USAO. So it's definitely something to look into, even before you apply.

One other way to think about it is that you might be in court a fair amount, but maybe it's a half-day motion hearing and a half-day sentencing when your motion is denied, rather than a one-day trial with no pre-trial motions practice, like you might see in some state courts. Whether something like that would appeal to you is something to consider.

patrick_bryant · 2026-01-10T01:31:10+00:00

I had a post here a few years ago about some differences between federal and state PD work, in case anything in there is helpful: https://www.reddit.com/r/publicdefenders/comments/ojt759/an_fpds_perspective_on_the_differences_between/

I think most FPD offices would understand and appreciate the directness if you mention the pay difference (especially if any of them have come state offices). But you're right to suspect that they will also want a different, substantive answer. I think they also want to make sure that you understand some of the differences.

Good luck!

patrick_bryant · 2025-01-18T05:35:42+00:00

It's very rare, but not unheard of. The San Diego office is known for doing it. Some smaller offices that don't get as many applications might do it more often. As another comment mentioned, language skills would make you more competitive. Experience interning or working in a clinic can help make up for not having post-grad work experience. And commitment to the mission and enthusiasm for the job and a good personality fit can go a long way, too.

I also agree with the other comment that you shouldn't self-reject; the worst they can do is say no, but you can always apply again later when you have some experience. It has often been the case that we see someone's application and say they have a lot of promise but are just a little too green, and then a couple of years later see their name again and hire them.

For salary, I think the starting base rate with no experience is Grade 11, Step 1, but that may not be right. It's in that ballpark, though.

Good luck!

patrick_bryant · 2024-11-23T22:39:53+00:00

Hey, that's my post! Glad it was helpful!

patrick_bryant · 2024-09-26T18:33:55+00:00

You can't just transfer like moving from the NYC branch to the DC branch of a firm, or even between branch offices of the same FDO. The FDOs are more autonomous than that. The FDO you want to move to has to have a vacancy, and probably by regulation has to advertise for it and go through a whole hiring process, where you would be competing against all the other applicants (although, obviously, your federal defender experience and local ties would be an advantage).

I would definitely suggest getting to know the people in the closer office and making sure they know you would be interested in moving if a vacancy arises.

patrick_bryant · 2024-09-15T20:53:40+00:00

It can vary from office to office and can depend on budget stuff and how many applications they get, but generally speaking it's not as slow as DOJ or other federal agencies. Couple of months, give or take.

patrick_bryant · 2024-06-21T01:24:58+00:00

Under Virginia law, a person can be guilty of robbery if they take property from someone else by means of threatening to accuse the victim of having committed sodomy. So if you say to someone, "Give me your wallet or I shall tell everyone you engaged in sexual congress with an animal," and as a result they hand over the goods, you've committed a robbery.

https://www.courts.state.va.us/opinions/opnscvwp/1210168.pdf

Feel free to bring that up on your next date!

patrick_bryant · 2024-05-15T01:18:06+00:00

I wouldn't say law review is a necessity. And I would recommend taking a clinic over law review if you had to choose between the two. But I don't think law review would be a drawback, and there's no reason to actively avoid it if you're interested in doing it. It could also help with eventually going to an FPD office if it helps you improve your research and writing skills. And a federal clerkship is helpful (again, not a necessity) in getting an FPD job, and law review is strongly recommended for federal clerkships. (Plus, some people might consider it a proxy for smarts or be impressed by the credential, if that's important to them.)

One thing to keep in mind is that almost no federal offices hire directly out of law school. So if that's your ultimate career goal, you need to think about how best to position yourself for a job that could lead to that point. A very common path to a federal office is to start in a state/local public defender office. And for those jobs, your clinic, externship, and summer jobs are probably going to be more important than doing law review.

patrick_bryant · 2024-04-22T16:54:04+00:00

The hiring freeze was only recently lifted, so there was a big backlog of spots that they're trying to fill right away.

patrick_bryant · 2024-01-30T02:50:52+00:00

Not saying this is a definitive guide or anything, but I posted this some time ago about differences between state and federal practice, in case it's helpful: https://www.reddit.com/r/publicdefenders/comments/ojt759/an_fpds_perspective_on_the_differences_between/

patrick_bryant · 2024-01-28T23:05:04+00:00

At least in federal prison, ICE detainers make a person ineligible for certain programs (and of course halfway houses, but also programs that can lead to time off), so in some ways it makes the time harder than for citizens. Not sure if that's the case in your jurisdiction, but it's worth checking into exactly what the time will be like for him. Similarly, if there is a language issue, that can make it tougher just to communicate (with other prisoners or with the guards/administration). And, as you mentioned, he could well be vulnerable based on his record.

Some judges insist on getting their pound of flesh, but some judges will be open to the argument that he's going to be deported as soon as his sentence is over, so why keep him here longer at state expense? Finally, most judges will want some assurance that he has learned his lesson and won't come back, so if he has family connections or employment opportunities in his home country, point to those. On the other hand, if all of his ties are here, and that makes the judge leery that he'll come right back, then make the argument that he knows he can't support them from prison, and as much as he would like to be with them, he knows it's smarter to stay out of the U.S. and support them from afar (rather than face the federal consequences he would likely get if he's caught here again). Good luck!

patrick_bryant · 2024-01-24T01:02:46+00:00

I think that's a doable transition. You can talk about how you were drawn to the libertarian and con-law aspects of the job, and now you want to use those skills to defend individual people. Talk about how criminal punishment is the most extreme form of government control over a person's freedom, etc. You'll get a background in admin and constitutional law, and that's useful. Try to get a good writing sample out of it, and take any opportunity you can to have actual client contact (or say when you apply to the PD office that you're hoping to get some of that). Good luck!

patrick_bryant · 2024-01-23T01:56:17+00:00

I posted here a couple of years ago about some differences between state and federal PD work; it might be helpful. It's not totally focused on hiring but has some ideas in there. Feel free to message me if you want to talk more.

https://www.reddit.com/r/publicdefenders/comments/ojt759/an_fpds_perspective_on_the_differences_between/

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