Jump to content


Photo

firing public defender


  • Please log in to reply
4 replies to this topic

#1 jonnybegood

jonnybegood

    New Member

  • Members
  • 1 posts

Posted 15 January 2013 - 08:43 AM

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?

#2 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 60,119 posts

Posted 15 January 2013 - 09:33 AM

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).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 15 January 2013 - 09:37 AM

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?

#4 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 46,250 posts

Posted 15 January 2013 - 01:36 PM

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.

#5 Legal_Balla

Legal_Balla

    Contributor

  • Members
  • PipPip
  • 156 posts

Posted 16 January 2013 - 06:58 AM

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.


0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users