Michael N. Burt
Trial attorney · San Francisco · California Bar No. 83377, admitted 1978.
For more than four decades, Michael N. Burt has devoted his practice to the defense of capital cases — and to the litigation of the forensic-science, mental-health, and intellectual-disability issues those cases turn upon.
Mr. Burt began his career in 1978 as a Trial Attorney with the San Joaquin County and San Francisco Public Defender's Offices. He rose through the ranks at the San Francisco Public Defender to Senior, Principal, and ultimately Head Trial Attorney — a position he held from 1989 to 2002, with responsibility for all aspects of representation in capital cases and general supervision of all forensic-science cases.
Since 2003 he has been in private practice, continuing to specialize in the defense of capital cases nationwide. He has tried over fifty cases to a jury, including nine lengthy capital cases, and has appeared before federal and state appellate courts including the Ninth Circuit (en banc), the California Supreme Court, and the Second, Eighth, and District of Columbia Circuits.
From 2001 through 2025, Mr. Burt served as Federal Death Penalty Resource Counsel, one of fourteen capital defense counsel funded under the Criminal Justice Act and administered by the Defender Services Division of the Administrative Office of the United States Courts. In that role he assisted CJA-appointed and federal-defender attorneys in the trial-level defense of federal capital cases throughout the country. From 2002 to 2004 he also represented the government of Mexico, through the Mexican Capital Legal Assistance Project, in capital prosecutions of Mexican nationals.
Mr. Burt has been a Certified Criminal Law Specialist with the State Bar of California since 1985 and serves on the Editorial Board of Forecite: Latest Developments in Criminal Jury Instructions. He was Editor-in-Chief of the California Death Penalty Defense Manual (1993 and 1998 editions, with annual supplements through 2003).
Trial practice, 1978 — present.
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2003 — Present
Private Practitioner
Solo practitioner specializing in all aspects of the defense of capital and non-capital cases, with emphasis on capital cases, sex offenses, and matters involving mental health, intellectual disability, and forensic-science issues.
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2001 — 2025
Federal Death Penalty Resource Counsel
One of fourteen capital defense counsel assisting court-appointed and defender attorneys in federal capital cases nationwide. Funded under the Criminal Justice Act, administered by the Defender Services Division of the Administrative Office of the U.S. Courts.
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2002 — 2004
Mexican Capital Legal Assistance Project Counsel
Represented the government of Mexico in a nationwide legal-assistance program for Mexican nationals accused or convicted of capital crimes.
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1989 — 2002
Head Trial Attorney
San Francisco Public Defender's Office
Responsible for all aspects of representation in capital cases — pretrial motion and appellate work, supervision, training, and lead-attorney trial practice — and for general supervision of all forensic-science cases.
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1983 — 1989
Principal Trial Attorney
San Francisco Public Defender's Office
Representation in capital and non-capital homicide cases and complex sexual-assault cases.
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1982 — 1983
Senior Trial Attorney
San Francisco Public Defender's Office
Representation primarily in complex sexual-assault cases.
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1979 — 1982
Trial Attorney
San Francisco Public Defender's Office
Representation in serious felony cases.
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1978 — 1979
Trial Attorney
San Joaquin County Public Defender's Office
Representation in misdemeanor cases.
Education.
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1978
J.D., cum laude
State University of New York at Buffalo
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1974
B.A., summa cum laude
State University of New York at Albany
Bar & professional.
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1978
Admitted to the California Bar
State Bar No. 83377
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1985 — Present
Certified Criminal Law Specialist
State Bar of California
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1994 — Present
Editorial Board
Forecite: Latest Developments in Criminal Jury Instructions
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1993 — 2003
Editor-in-Chief
California Death Penalty Defense Manual, CACJ & CPDA
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2007 — 2010
Member
California Crime Laboratories Task Force
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A complete record of cases, publications, and presentations is available in PDF.