4 replies to this topic

[jonnybegood]

Can u fire ur public defender for representing a family member 6 yrs earlier. She was completely worthless for my brother. Can u use conflict of interest?

[Fallen]

Your "question" in terms of "can u fire" doesn't make sense. Can one be fired for X? Sure.

"Can u use conflict of interest?"

I have no idea what you're getting at here.

You need to discuss this topic with whomever is the director/head of the public defender's office, and possibly your legislative representative (to get you pointed in right direction as to whether this person ultimately answers to the state attorney general or the State's Attorney for your county).

[FindLaw_AHK]

A defendant may file a Motion for Substitution of Attorney. It will be in the discretion of the judge to accept your request. Have you requested your court appointed attorney to agree to a change or the public defender's office?

[pg1067]

That your PD previously represented a family member isn't a conflict of interest unless the two matters are somehow related. You're free to fire your PD. However, if your goal is to get a different PD appointed, you may not be able to do that. While you claim that the PD was "worthless" when she represented your brother, you're not likely competent to assess how well she did her job. Usually, when someone says a PD did a lousy job in a criminal matter, it's because the client got convicted, but even the best lawyer can only do so much with a guilty client.

[Legal_Balla]

You can hire the lawyer of your choice. You probably have no choice about which PD is appointed to work your case, however. If you want a choice, you'll need to invest your private funds. Good luck.