"You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."

We have all heard these words so many times in movies and on TV that we take them for granted. The Miranda warning, which is read at every arrest, has become almost synonymous with "justice for all" in the U.S. By providing effective legal counsel for the prosecution and the defense, our justice system upholds the basic principles that define our nation.

In Georgia over the past few years, we could take particular pride in our ability to serve as a role model for a fair and equitable justice system. The creation of Georgia's statewide public defender system in 2003 helped ensure that every citizen accused of a crime had equal access to competent legal counsel. With this system in place, Georgia became a model of fairness and equality for other states.

Now we are slipping back to the dark days when Georgia's system was a national embarrassment. Despite the state's promise in 2003 to fund indigent defense, the state covers less than half the cost, leaving the counties to pay the rest.

The downward spiral is accelerating. After the state failed to provide sufficient funds, the Metro Conflict Defender Office will be closed at the end of this month —- and its staff of 21 fired. This office handles cases that require more than one defense attorney because more than one defendant is charged. In the metro area, this situation accounts for about 18 percent of the public defender cases.

Closing the office will harm the quality of representation and will not save money. The office's attorneys are specialists in their practice areas and are an integral part of the criminal justice system. They also work long hours for modest pay. Because the U.S. Constitution requires the representation, counties must now hire private attorneys and pay higher court fees. And while the office's attorneys were assigned to courtrooms where they worked closely with judges, prosecutors and staff, they will be replaced by private attorneys who are often rushing from courtroom to courtroom to handle multiple cases.

The impact of the cuts will be devastating. This is the second cut for public defenders in two years. Forty-one defenders were fired last year. It is already difficult, and it may soon be impossible, for the public defender system to attract and keep competent public defenders. The basic integrity of the state's entire criminal justice system is now at risk. Public defenders are as vital to the criminal justice system as police and judges —- and certainly not an extraneous expense that can be chopped off for short-term budgetary concerns. The adversary process that is at the core of our system fails if one of the adversaries has inadequate representation.

Today, Georgia's justice system is at a crossroads for both finances and fairness. In the last eight years, DNA evidence has exonerated seven Georgia prisoners who were convicted on the basis of faulty eyewitness testimony. These injustices not only impact their direct victims, but also all Georgia's citizens. Even if eliminating public defenders were cheaper in the short run, it will be more expensive in the long run. For example, the 2008 Georgia General Assembly approved a $1.2 million payment to a man who spent 22 years in prison for a crime he didn't commit. It has been my honor to introduce eyewitness identification reform legislation that takes steps to reduce the number of such expensive injustices.

In 2003 the General Assembly made the right decision in reforming our public defense system to ensure that it would be fair for all. Now, just five years later, we must decide whether to continue supporting a fair justice system that effectively serves all the citizens of Georgia. The alternative is ugly —- returning the system to neglect and mismanagement. In order to guarantee justice for all, it is critical that the Legislature provide full funding for public defense. As Americans, we should settle for nothing less.

> State Rep. Stephanie Stuckey Benfield is a DeKalb County Democrat.