Final answer:
Lawyers can decline representation based on legal, ethical, or competency grounds. Landmark legal cases expanded the right to include public defender representation for those unable to afford legal services. Lawyers must demonstrate sufficient cause to decline court appointments.
Step-by-step explanation:
Lawyers do not have an unconditional duty to represent all clients, and there are exceptions where a lawyer can decline representation or a court appointment. One such exception is when representing a client would result in the violation of the law or ethical standards. Another is when a lawyer lacks the competency to handle the case due to its specialized nature, or when there is a potential for conflict of interest, like the case Glasser v. United States demonstrated.
The right to an attorney, as mandated by the Sixth Amendment, initially implied that only those who could afford legal services had the right to an attorney's assistance. This changed with landmark cases which expanded the right to include representation by a public defender for those unable to afford an attorney. However, public defenders often face the challenges of being underpaid and overburdened. The Supreme Court case Strickland v. Washington established the standard for determining ineffective counsel in appeals involving public defenders.
To decline a court appointment, the lawyer must show sufficient cause which can include conflicts of interest, lack of time to competently prepare, or earlier commitments that would be detrimentally affected. The Padilla v. Kentucky ruling emphasizes the duty lawyers have to inform clients about certain consequences of their actions, including deportation risks stemming from a conviction.
In addition to rights, individuals also have civic responsibilities such as serving as a juror or in the Armed Forces. Courts themselves hold a vital position in the judicial branch, ensuring justice is upheld with independence from political influence, often through life-tenured judges who can exercise impartial judgment.