Duties And Powers - State Public Defender - Government - CA

Section § 15420

This law outlines the main duties of the State Public Defender in California. The State Public Defender is responsible for representing people who qualify for free legal representation in specific types of legal proceedings. They also help improve public defense services by offering support and training to public defender offices and appointed counsel in various legal settings, aiming to enhance the quality of legal defense for those who cannot afford it.

The primary responsibilities of the State Public Defender are as follows:

(a) To represent those persons who are entitled to representation at public expense in the proceedings listed in subdivisions (a) to (d), inclusive, of Section 15421.

(b) To provide assistance and training to public defender offices established pursuant to Sections 27700 to 27712, inclusive, to counsel appointed pursuant to Sections 987 to 987.9, inclusive, of the Penal Code, and to counsel appointed pursuant to Sections 634, 634.3, and 634.6, inclusive, of the Welfare and Institutions Code, and to engage in related efforts for the purpose of improving the quality of indigent defense.

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Section § 15421

This section outlines when the State Public Defender in California can represent someone who can't afford a lawyer. They can help in four scenarios: first, in automatic appeals to the California Supreme Court; second, when making a request to the U.S. Supreme Court after such appeals; third, in noncapital criminal appeals when it benefits their training or existing responsibilities; and fourth, in any other case where the law provides for public representation, especially if it relates to death penalty cases or supports their main role.

The State Public Defender is authorized to represent any person who is not financially able to employ counsel in the following matters:

(a) An automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code.

(b) A petition for a writ of certiorari to the United States Supreme Court with respect to a judgment on the automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code.

(c) An appeal in a noncapital, criminal case as long as the State Public Defender is fulfilling the responsibilities to provide representation imposed pursuant to subdivisions (a) and (b), or the State Public Defender determines that taking a limited number of those cases is necessary for staff training.

(d) Any other proceeding in which a person is entitled to representation at public expense where providing this representation is in furtherance of the State Public Defender’s primary responsibilities, as set forth in Section 15420, or to address legal claims that impact the resolution of death penalty cases.

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Section § 15421.1

This law section allows the State Public Defender to give out grants that help make legal defense services better for people who can't afford a lawyer. These grants aim to improve the quality of legal support for those in need.

The State Public Defender is authorized to administer and award grants to improve indigent defense services.

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Section § 15422

If a county public defender can't represent someone due to a conflict of interest or any other valid reason, the State Public Defender can step in to represent that person. This is allowed if they can't afford a lawyer and are facing contempt or criminal charges in superior court. The county must have an agreement with the state for cost reimbursement. The State Public Defender can also decline the case by notifying the court.

Where a county public defender has refused, or is otherwise reasonably unable, to represent a person because of conflict of interest or other reason, the State Public Defender is authorized to represent that person, pursuant to a contract with the county which provides for reimbursement of costs, where the person is not financially able to employ counsel and is charged with the commission of any contempt or offense triable in the superior court at all stages of any proceedings relating to that charge, including restrictions on liberty resulting from that charge. The State Public Defender may decline to represent the person by filing a letter with the appropriate court citing Section 15420.

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Section § 15423

This law allows the State Public Defender to participate as an advisor or supporter in court cases and various legislative or administrative meetings. They can offer their perspective without being directly involved as a representative of one of the parties.

The State Public Defender is authorized to appear as a friend of the court and may appear in a legislative, administrative or other similar proceeding.

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Section § 15424

If you want a lawyer to be appointed for you, you need to fill out a financial statement under oath. This means you tell the truth about your income and expenses following rules set by the Judicial Council.

A person requesting the appointment of counsel shall make a financial statement under oath in the manner provided in rules adopted by the Judicial Council.

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Section § 15425

The State Public Defender in California can perform additional tasks beyond their specified duties, as long as those tasks are in line with the office’s objectives.

The duties prescribed for the State Public Defender by this chapter are not exclusive and they may perform any acts consistent with them in carrying out the functions of the office.

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Section § 15426

This section states that when the State Public Defender enters into or modifies contracts to carry out specific legal sections, those contracts do not have to follow certain rules and procedures that usually apply to state contracts. They are also not required to be reviewed or approved by the Department of General Services.

Contracts entered into or amended by the State Public Defender to implement Sections 15420 and 15421 shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5, Chapter 6.5 (commencing with Section 14835) of Part 5.5, Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.

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