By Prosecuting Attorney Amy Vira
and Public Defender Alex Frix
On May 1, 2025, the country celebrated Law Day – a day to recommit to our democracy and educate on the judicial branch of government. As part of the ongoing Law Day series by San Juan County, we wanted to take some time to highlight the roles of the prosecution and defense in a criminal case.
Our criminal justice system functions best when all parties (judge, prosecuting attorney and defense attorney) understand and respect the system and each other’s role in that system.
The role of the prosecuting attorney
The Prosecuting Attorney prosecutes crimes on behalf of the state of Washington, meaning they represent the community, not any particular individual. The rules for prosecuting attorneys in Washington state provide that a prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility includes obligations to see that the defendant receives procedural justice, and that guilt is decided upon the basis of sufficient evidence.
The prosecuting attorney exercises this responsibility when conducting the duties of the office such as:
• reviewing referrals from law enforcement to decide whether to file criminal charges.
• making plea offers.
• providing sentencing recommendations.
A prosecutor decides to file criminal charges based on the determination that the charge is supported by probable cause, the individual facts of the case and the values of the community. The prosecuting attorney is elected to ensure that these decisions are made independent of outside influences.
The role of the public defender
When an individual is charged with a crime or has another protected right at stake (such as parental rights), they may be entitled to legal representation. In some cases, if a person cannot afford to hire an attorney, the government is required to provide them an attorney at little or no cost. These attorneys are often referred to as public defenders or court-appointed counsel.
The work of a public defender is a complicated mix of legal counsel, professional listener and social worker. While a public defender’s official duties are to provide legal advice to their clients, the clients often just need someone they can speak to confidentially so they can feel heard and understood in a system that often makes them feel unseen and disregarded.
Public defenders often work closely with local social workers and care providers to help people whose mental health or substance use disorders lead to them being accused of crimes or other legal issues.
Roles in the courtroom
If a prosecutor and defense attorney cannot agree on a settlement with a plea agreement, a defendant has a right to a trial.
The prosecutor holds the burden to prove every element of each charge beyond a reasonable doubt.
The defense has no burden to prove anything, but, practically speaking, the defense attorney should do everything they can to convince a jury that the prosecutor has not proven their case beyond a reasonable doubt.
Different roles, same values
While the roles of prosecutor and public defender are oppositional, they are both important in making sure the safety and security of the public are balanced with the individual liberties we all hold. Both prosecutors and defenders take the same oath, which states: “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.”
