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AngelaD

Can a judge fire a court appointed attorney

6 posts in this topic

The court appointed attorney doesn't work for the judge.  Therefore, the judge cannot fire the attorney.  The judge could appoint a different attorney and remove the other.  Why don't you tell us what is happening?

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1 hour ago, AngelaD said:

My question: Can a judge fire a court appointed attorney?

 

First of all, define "court appointed attorney."  Most "court appointed attorneys" are public defenders, and I've never heard of a public defender who was not an employee of the county in which he/she works.  I've also never heard of judges having hiring/firing authority over public defenders.  Indeed, giving a judge such authority would be pretty stupid.  In that context, no, a judge cannot fire a public defender.

 

In some counties, however, it is possible for judges to appoint attorneys who practice locally to represent indigent defendants.  In that context, the "court appointed attorney" may or may not be compensated for his/her services, but again, the compensation comes from the county.  While a judge could, in theory, remove an attorney who has been appointed in this way, it generally wouldn't be possible without the client's consent and would not typically be referred to as "firing."

 

So, as previously asked:  how about some context for your question?

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3 hours ago, pg1067 said:

Most "court appointed attorneys" are public defenders, and I've never heard of a public defender who was not an employee of the county in which he/she works.  I've also never heard of judges having hiring/firing authority over public defenders.  Indeed, giving a judge such authority would be pretty stupid.  In that context, no, a judge cannot fire a public defender.

Obviously you don't practice in the criminal courts.  First, not all public defenders are employees of a county, even in CA.  We also have what is called "alternate defenders" who are contracted to take cases the PD cannot.  Some are office, some are individual attorney who contract with a head alternate defender.  Some counties still contract individually with each attorney . In other states, there is a state-wide public defender who contracts with attorneys for each jurisdiction.  Second, if a defendant raises an issued with his counsel, regardless of who they work for, the court can relieve then and appoint another attorney.  If it is a county public defnder office, removing one attorney results in the entire office being removed from the case....In the context of the question, firing the appointed attorney is the same as removing them. 

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14 hours ago, LegalwriterOne said:

In the context of the question, firing the appointed attorney is the same as removing them. 

 

There was no context to the question.

 

19 hours ago, AngelaD said:

My question: Can a judge fire a court appointed attorney?

 

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15 hours ago, LegalwriterOne said:

In the context of the question, firing the appointed attorney is the same as removing them.

 

What context?  There was no context in the original post.  Are you personally acquainted with the OP or have you contacted the OP outside of this thread to obtain insight into the context of the OP's question?

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