Chapter 2.44 — PUBLIC DEFENDER DEPARTMENT

There is in the county a public defender department, hereafter in this chapter referred to as the department.

(Prior admin. code § 5-22.01)

The executive officer of the department is the public defender, appointed by the board of supervisors as provided in the Charter. A person is not eligible to the office of public defender unless he has been a practicing attorney in all of the courts of the state for at least the year preceding the date of his appointment.

(Prior admin. code § 5-22.02)

The public defender shall devote all his time to the duties of his office and shall not engage in the practice of law except in his capacity of public defender.

(Prior admin. code § 5-22.03)

The public defender shall perform and duties prescribed by state law and ordinances not inconsistent therewith, which duties shall include, but not by way of limitation:

A.

Upon request of the defendant or upon order of the court, to defend without expense to the defendant any person who is not financially able to employ counsel and who is charged with the commission of any contempt, misdemeanor, felony or other offense;

B.

Upon request, to give counsel and advice to such person about any charge against him upon which the public defender is conducting the defense, and shall prosecute all appeals to a higher court or courts of any person who has been convicted, where, in his opinion, the appeal will or might reasonably be expected to result in the reversal or modification of the judgment of conviction;

C.

Upon request, to prosecute actions for the collection of wages and other demands of any person who is not financially able to employ counsel, where the sum involved does not exceed one hundred dollars ($100.00), and where, in the judgment of the public defender, the claim urged is valid and enforceable in the courts;

D.

Upon request, to defend any person who is not financially able to employ counsel in any civil litigation in which, in the judgment of the public defender, the person is being persecuted or unjustly harassed;

E.

Upon order of the court, to represent any person who is not financially able to employ counsel in proceedings under Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code of the state;

F.

Upon request or order of the court, under various statutes of the state of California, to represent any person who is not financially able to employ counsel in proceedings for the commitment of the mentally ill, inebriates, narcotic and habit forming drug addicts, mentally disordered sex offenders; and to represent any person who is not financially able to employ counsel seeking pardon, release from penalties, and the expungment of records of arrest and judgment.

(Prior admin. code § 5-22.04)

The public defender and the assistants or other attorneys employed in his office shall not personally engage in the private practice of law in or out of court, or be interested directly or indirectly therein; provided that they may without compensation act as attorney for themselves and their mothers, fathers, spouses, children, brothers and sisters in matters and causes which have not been assigned; and provided

further that said assistants or other attorneys may without compensation render legal services on behalf of nonprofit religious, charitable, scientific or educational institutions, provided that there is no conflict of interest involved in said legal services.

(Prior admin. code § 5-22.05)