Is it legal for a judge to deny you a different public defender if your original one is not working in your best interest at all

From the best of my knowledge they aren't allowed to deny you if they aren't working for you.

Sometimes the judge will allow you to change the Public Defender representing you once. If you don't like the second one, then the next one is on your dime.

It always depends, you are allowed counsel, it does not say it has to be good counsel or great. Depending on the area most have little or no budget, and smaller depatments seldom have more than a few to start with. And of course your idea of working for you and their id may e different

Public Defenders can also be private attorneys that are appointed by the Court. The private attorney works for the court at a reduced rate, usually around $50 an hour (sometimes more). Most criminal attorneys sign up for this with the court to make extra money. There are usually only a few that actually work for the PD's office as the rest are appointed by the court. The private attorney keeps track of his time and then when the case is finished he has 30 days to submit his bill to the court and get paid. They do it all the time.

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Originally Posted by shaygirl

is it legal for a judge to deny you a different public defender if your original one is not working in your best interest at all

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Hello shay:

Yes and no.

If you're having problems with a public defender, you need to fire the PUBLIC DEFENDER's office. If you fired an attorney for cause, you don't want to be represented by his friend in the next cubicle. That's why you fire the whole office.

If you don't like your lawyer, you can fire him. Do it by certified mail outlining the reasons and send a copy to the judge and prosecutor. The judge will appoint a new lawyer.

However, as noted, the judge will probably only do this once. But, he certainly should DO it.

excon

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Originally Posted by shaygirl

is it legal for a judge to deny you a different public defender if your original one is not working in your best interest at all

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I've seen the request to change counsel denied if the Judge believes it's a stalling tactic. If you want to go from public defender to a private Attorney the Judge will "probably" allow it. Often the Defendant seems to think a different Attorney will change the law and that is not going to happen - the facts are what they are and no Attorney is going to change them in some circumstances.

I've seen Defendants request a different Attorney on an almost-weekly basis and the Court says, "No."

Yes, in a few small counties in Georgia ( at least a few years ago) there was not really a public defenders department, just the private attorneys who were "enlisted" to serve as such. Also remember that you are not going to get one like you see on TV, first most have no budget for lab tests, have little time for research and in general many are just there to see that your rights are not violated, more than to actuallly defend you.

During my years in court I have seen a few really good ones, One comes to mind but only one, most meet with their clients about 5 minutes before their appearance in court to see if they would take a plea bargain