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    jupiterskye's Avatar
    jupiterskye Posts: 4, Reputation: 1
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    #1

    Aug 26, 2009, 01:02 PM
    Is the court required to provide me with a private attorney?
    How many public defenders can I fire, and is there any point where the court is required to provide me with private representation? My public defender has already broken the State Bar's Rules of Professional Conduct regarding failure to communicate and has ignored my request for discovery twice. If I fire her, and my NEXT public defender does the same thing, is there a point at which the court determines that I am eligible for some sort of private relief even if I am indigent?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Aug 26, 2009, 01:34 PM

    If you're lucky a Judge can give you 2 public defenders and after that second one if you don't like them you won't be getting a third one. The third one will be on your dime. As far as "private relief even if I am indigent" goes, that does not fly. What do you think a public defender is anyway? Free lawyer services for the poor.

    Put your requests in writing to your public defender for discovery. Put any other requests to your public defender in writing. They are busy people and can't hold everyone's little hand at the same time. Make your requests in writing weekly or twice a week until you do get results.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #3

    Aug 26, 2009, 05:49 PM
    Hi, jupiterskye!

    I would like to add, that it's probably not a good idea to be going through too many public or private attorneys in any case. How have you treated your attorneys so far, please? Have you fully cooperated with them?

    I remember, a few years ago, when I went to court to witness one of the continuances of the case of someone who was a very good acquaintance through mutual friends that we had. I was there to support her; had also written a letter to the court on her behalf. She is a good person, but was blaming committing her crime on being improperly medicated. I didn't "buy" the being improperly medicated part, but was supporting the fact that she had already done a lot of good for the community and was a good candidate to continue to do good, provided that she got help for her mind-set in doing what she did.

    My point is, that she had already gone through four or five attorneys in the course of her case. She was trying to "buy" time and avoid the inevitable. The judge said she had "buyers remorse" and stopped all continuances of the case.

    The same thing could happen to you. My admonition to you is, for you to try to work with and cooperate with who you have representing yourself, the best that you can. Doing so will make you look a lot better in the eyes of the judge.

    Thanks!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 27, 2009, 06:07 AM

    Hello j:

    You aren't represented by a public defender. You are represented by the OFFICE of the public defender... Therefore, if you fire one PD, you fire them all. If the judge appoints another one to represent you, he WON'T be a PD.

    excon

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