Women Criminal Defense Attorneys: Judy Clarke Appointed to Represent Boston Bombing Suspect

Judy Clarke is one of this country’s most prominent and recognized women criminal defense attorneys. She was president of NACDL from 1996 to 1997 and has been the subject of media attention in the last couple of years as it relates to her representation of defendants facing the death penalty in some of this country’s most well known criminal cases. Her list of past clients includes Susan Smith, the South Carolina mother accused of murdering her three children, Unabomber Ted Kacynski, Atlanta Olympic bomber Eric Rudolph, Tucson shooter Jared Loughner,  and now Dzhokhar Tsarnaev who is charged in connection with the Boston Marathon bombing. She was appointed last week in federal court by U.S. Magistrate Judge Marianne Bowler, at the request of the Federal Public Defender Miriam Conrad, to join the defense team based on her experience representing clients facing the federal death penalty.

USA Today referred to Clarke as “the One-Woman Dream Team” and “the patron saint of criminal defense attorneys” when she was appointed to represent Jared Loughner. U.S. News titled their article discussing Clarke’s appointment “Tsarnaev’s best defense: Judy Clarke, who keeps clients off death row.” The accolades couldn’t be more deserved considering that the one important thing her clients share is having resolved their cases with a life sentence. Representing clients facing the death penalty is not for the faint of heart; it requires incredible resilience and strength. It remains the most challenging work in our field and takes a huge toll on the lawyers committed to defending these clients.

In the same week Clarke was appointed to represent Tsarnaev, she was scheduled to speak at a legal conference where she shared some of her thoughts on her work… and as you can imagine, the media was paying close attention to her words. The Huffington Post along with many media organizations covered the speech.  She made several memorable statements that really resonated with me. “Our job is to provide them a reason to live” and “Our clients are different," she said. "We should enjoy the opportunity to step into their lives. It can be chaotic. But it's a privilege to be there as a lawyer."

What is so inspiring about her words is that they demonstrate her ability to see beyond the horrific acts of her clients and see them as human beings first.  Her words make it clear that she knows what I and many criminal defense lawyers know, that a person is more than the worst thing that they have ever done in their life… no matter how terrible.

I have represented a few clients facing the death penalty, and it is a humbling experience to be with a human being during their darkest hour, when they are facing the judgment and wrath of an entire world. The sentiment in Judy Clarke’s statements may not be popular, but for me they are inspiring. Many of us have represented clients who are charged with heinous crimes, but I don’t think there is anyone out there quite like Judy Clarke. She is willing to stand up and defend the most hated criminals in the nation and she does it again and again.

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Women Criminal Defense Attorneys: When Have You Been the Only Woman at the Defense Table?

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Women Criminal Defense Attorneys: Women Blazing Trails in White-Collar Law