Studies point out that many public defenders carry case loads so large that they are unable to render effective representation to their clients. Heavy caseloads result from the chronic underfunding of criminal defense agencies. Case law establishing the link between effective representation of counsel and the defendant's right to a fair trial is discussed. However, the Supreme Court has not distinguished between ineffective assistance of counsel based on inadequate funding of the public defender system and ineffective assistance based on individual attorney negligence or incompetence. When the State-supported system makes it impossible for the defense attorney to render effective counsel to an indigent client, the State must bear responsibility for the resulting miscarriages of justice. 252 footnotes.