Anyone charged with a federal crime who cannot afford a lawyer has the right to appointed counsel. In Missouri’s federal courts, that lawyer will be either an assistant Federal Public Defender or a private lawyer appointed from the court’s Criminal Justice Act panel.
This guide explains how appointed counsel works in the Eastern and Western Districts of Missouri, who qualifies, what you can and cannot choose, and what changes if you hire a lawyer instead. Many appointed federal defenders are excellent lawyers. The differences below are about choice and structure, not ability.
Appointed counsel
How does appointed counsel work in federal court?
Under the Criminal Justice Act, 18 U.S.C. § 3006A.
The Federal Public Defender
Each district has a Federal Public Defender office staffed by full-time federal defenders. In most appointed cases, the FPD is assigned first.
The CJA panel
Each district also keeps a panel of private lawyers approved by the court to take appointments. CJA lawyers are typically appointed when the FPD has a conflict, such as in multi-defendant cases where the FPD already represents a co-defendant.
Who qualifies
A person who is financially unable to obtain counsel. The magistrate judge reviews a financial affidavit at the first appearance. A person who can pay part of the cost may be ordered to contribute.
When it starts
Usually at the first appearance. The judge must advise the person of the right to counsel and appoint a lawyer if they qualify and do not waive it.
Choice
Can I choose my federal public defender?
No. Appointed counsel is assigned, not chosen.
A person with appointed counsel cannot pick which assistant federal defender or which CJA lawyer is assigned. Replacing appointed counsel requires the court’s permission, and courts generally require a real conflict or a breakdown in communication, not just disagreement about strategy.
On appeal, the same structure continues. In the Eighth Circuit, appointed trial counsel ordinarily continues on the appeal unless the court allows a withdrawal. The only way to choose a different lawyer, at trial or on appeal, is to hire one.
Hiring a lawyer
Should I hire a private lawyer for a federal case?
It is a personal decision. These are the real differences.
- Choice. You decide who represents you, and you can meet with more than one lawyer before deciding.
- Timing. A hired lawyer can be involved before charges are filed, during an investigation or after a target letter, when appointed counsel often is not yet in the picture.
- Continuity. You can keep the same lawyer from investigation through sentencing and, if you choose, on appeal.
- Cost. Federal cases are long and document-heavy, and private representation is a significant expense. Appointed counsel costs the person little or nothing.
A person can hire a lawyer at any point, even after counsel has been appointed. When retained counsel enters the case, the court typically relieves appointed counsel.
For the state-court version of this question, see public defender vs private attorney in Missouri.
FAQ
Federal appointed counsel questions
What is a CJA lawyer?
A private lawyer approved by the federal court to take appointments under the Criminal Justice Act, usually when the Federal Public Defender has a conflict. The court pays the lawyer, not the client.
Can I fire my federal public defender?
Only with the court’s permission, which generally requires a real conflict or a breakdown in communication. You can always replace appointed counsel by hiring a lawyer.
Do I have to pay for a federal public defender?
Usually not. If the court finds a person able to pay part of the cost, it can order a contribution.
Can I hire a lawyer after a public defender is appointed?
Yes, at any stage. When retained counsel enters an appearance, the court typically relieves appointed counsel.
Will my federal public defender handle my appeal?
Ordinarily, yes. In the Eighth Circuit, appointed trial counsel generally continues on appeal unless the court allows withdrawal. A person who wants a different appellate lawyer can hire one.
See our federal criminal defense page, or call 573-638-8529.
Talk to us
Know your options before the first appearance.
If you or a family member is facing federal charges in Missouri and want to talk about retained representation, call 573-638-8529.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about appointed counsel in federal court as of October 2026, not legal advice, and it does not create an attorney-client relationship.
© 2026 Vindex Law, PC · 235 East High Street, Suite 102, Jefferson City, MO 65101