Define "actually available"
Most public defenders offices are so oversubscribed and underfunded that they can't really provide good representation for the majority of their clients.
Define "actually available"
Most public defenders offices are so oversubscribed and underfunded that they can't really provide good representation for the majority of their clients.
The current case seems to be arguing something different: that freezing defendant's assets that they could use to pay for counsel is a 6th amendment violation even assuming an effective public-defender system. That requires a separate right, something like: the right to pay for the best defense you can afford. Afaict, this is at the Supreme Court because they've never ruled either way on whether the 6th amendment includes such a right; the previous cases have focused on the minimum threshold for what constitutes effective assistance of counsel.
(Note that the standard requires both that your counsel was ineffective, and that his/her ineffectiveness caused your conviction)