The board of supervisors of any county may establish the office of public defender for the county. Any county may join with one or more counties to establish and maintain the office of public defender to serve such counties.
Other OfficersPublic Defender
Section § 27700
This law allows the board of supervisors in any county in California to create an office of public defender. It also permits multiple counties to collaborate in forming and maintaining a joint office of public defender to serve their combined regions.
public defender office county board of supervisors joint public defender office
Section § 27701
To be eligible for the role of public defender in California, a person must have been practicing as an attorney in all the state's courts for at least one year before they are elected or appointed to the position.
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 election or appointment.
public defender eligibility practicing attorney requirement California courts
Section § 27702
The county's board of supervisors decides if the public defender will be chosen through appointment or election when the office is first created.
At the time of establishing the office the board of supervisors shall determine whether the public defender is to be appointed or elected.
public defender appointment election
Section § 27703
The law states that if a county needs a public defender, the board of supervisors is in charge of appointing them. The public defender will serve at their discretion, meaning they can be replaced as the board sees fit. If two or more counties require a public defender, their respective boards of supervisors must jointly appoint one.
If the public defender of any county is to be appointed, he shall be appointed by the board of supervisors to serve at its will. The public defender of any two or more counties shall be appointed by the boards of supervisors of such counties.
public defender appointment county board of supervisors serve at will
Section § 27704
If a county decides to elect a public defender, the board of supervisors must first appoint someone to hold the position temporarily. This temporary public defender will serve until the first Monday in January after the next general county election.
The first election for a public defender should take place during the first general election of county officials after the public defender's office is established. Once elected, a public defender will serve a four-year term starting from the first Monday in January after the election.
If the public defender is to be elected:
(a)CA Government Code § 27704(a) The board of supervisors shall appoint a public defender who shall hold office until the first Monday in January following the next general election of county officers.
(b)CA Government Code § 27704(b) The first election of a public defender shall be held at the first general election of county officials after the establishment of the office.
(c)CA Government Code § 27704(c) The term of office of the public defender is four years from and after the first Monday in January following his election.
public defender election board of supervisors appointment temporary public defender
Section § 27705
In counties classified as first, second, or third in California, the public defender must work full-time on their official duties and cannot take on other legal work outside their role as a public defender.
In counties of the first, second and third classes, 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 the capacity of public defender.
public defender full-time duties first class counties
Section § 27705.1
This law states that a public defender is not allowed to take on any criminal defense cases in any county while serving in their official role, unless it's specifically allowed by other rules in the same chapter.
A public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county, except as set forth in this chapter.
public defender restrictions criminal defense limitations incumbency rules
Section § 27706
This law outlines the duties of a public defender in California. It states that a public defender must defend anyone who can't afford a lawyer in criminal cases, collect small wage claims, and defend those persecuted or harassed in civil cases. They also represent individuals in various legal proceedings related to probate and welfare if they can't afford an attorney. These duties are activated upon a person’s request or by court order, ensuring legal representation at no cost for those who are financially disadvantaged. This law became effective on July 1, 2021.
The public defender shall perform the following duties:
(a)CA Government Code § 27706(a) Upon request of the defendant or upon order of the court, the public defender shall 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 or offense triable in the superior courts at all stages of the proceedings, including the preliminary examination. The public defender shall, upon request, give counsel and advice to such person about any charge against the person 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 the opinion of the public defender, the appeal will or might reasonably be
expected to result in the reversal or modification of the judgment of conviction.
(b)CA Government Code § 27706(b) Upon request, the public defender shall 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), and where, in the judgment of the public defender, the claim urged is valid and enforceable in the courts.
(c)CA Government Code § 27706(c) Upon request, the public defender shall 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.
(d)CA Government Code § 27706(d) Upon request, or upon order of the court, the public defender shall represent any person who is not financially able to employ counsel in proceedings under Division
4 (commencing with Section 1400) of the Probate Code and Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.
(e)CA Government Code § 27706(e) Upon order of the court, the public defender shall represent any person who is entitled to be represented by counsel but is not financially able to employ counsel in proceedings under Chapter 2 (commencing with Section 500) of Part 1 of Division 2 of the Welfare and Institutions Code.
(f)CA Government Code § 27706(f) Upon order of the court the public defender shall represent any person who is required to have counsel pursuant to Section 686.1 of the Penal Code.
(g)CA Government Code § 27706(g) Upon the order of the court or upon the request of the person involved, the public defender may represent any person who is not financially able to employ counsel in a proceeding of any nature relating to the nature or conditions of
detention, of other restrictions prior to adjudication, of treatment, or of punishment resulting from criminal or juvenile proceedings.
(h)CA Government Code § 27706(h) This section shall become operative July 1, 2021.
public defender duties free legal defense financially unable
Section § 27707
This law describes how a court determines if someone qualifies for a public defender based on their financial situation. The public defender can initially provide legal services if they believe someone cannot afford a lawyer. However, if the court later decides the person can afford a lawyer, the public defender stops helping, except for reviewing that decision or in unrelated cases. To decide if someone qualifies, they may need to submit a confidential financial statement, which cannot be used in court unless it's part of a perjury charge. This rule has been effective since July 1, 2021.
(a)CA Government Code § 27707(a) The court in which the proceeding is pending may make the final determination in each case as to whether a defendant or person described in Section 27706 is financially able to employ counsel and qualifies for the services of the public defender. The public defender shall, however, render legal services as provided in subdivisions (a), (b) and (c) of Section 27706 for any person the public defender determines is not financially able to employ counsel until such time as a contrary determination is made by the court. If a contrary determination is made, the public defender thereafter may not render services for such person except in a proceeding to review the determination of that issue or in an unrelated proceeding. In order to assist the court or public defender in making the determination, the court
or the public defender may require a defendant or person requesting services of the public defender to file a financial statement under penalty of perjury. The financial statement shall be confidential and privileged and shall not be admissible as evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. The financial statement shall be made available to the prosecution only for purposes of investigation of an alleged offense of perjury based upon false material contained in the financial statement at the conclusion of the proceedings for which such financial statement was required to be submitted.
(b)CA Government Code § 27707(b) This section shall become operative on July 1, 2021.
public defender eligibility financial ability to employ counsel confidential financial statement
Section § 27707.1
This law allows counties in California to team up and create agreements so that public defenders can temporarily help out other counties with legal cases. These assignments happen when a county's public defender has to step back due to conflicts of interest or because they lack resources like staff or expertise at the moment. When a public defender is sent to another county, they continue to earn their regular salary, which is reimbursed by the county getting the help. They'll also get travel expenses covered. This law also lets counties make agreements with the State Public Defender for similar help.
The boards of supervisors of two or more counties may authorize their respective public defenders to enter into reciprocal or mutual assistance agreements whereby a deputy public defender of one county may be assigned on a temporary basis to perform public defender duties in the county to which he has been assigned in actions or proceedings in which the public defender of the county to which the deputy has been assigned has properly refused to represent a party because of a conflict of interest or because of some other present inability.
For purposes of this section, the term “present inability” shall include a lack of personnel, lack of expertise, or lack of other resources by the local office.
Whenever a deputy public defender is assigned to perform public defender duties in another county pursuant to such an agreement, the county to which he is assigned shall reimburse the county in which he is regularly employed in an amount equal to the portion of his regular salary for the time he performs public defender duties in the county to which he has been assigned. The deputy public defender shall also receive from the county to which he has been assigned the amount of actual and necessary traveling and other expenses incurred by him in traveling between his regular place of employment and the place of employment in the county to which he has been assigned.
A board of supervisors may also authorize the reciprocal or mutual assistance agreements provided for in this section with the State Public Defender.
reciprocal assistance agreements mutual assistance agreements deputy public defender
Section § 27708
This law requires that each county must provide the public defender with appropriate office space, furniture, and supplies necessary to perform their duties. The cost for these provisions is the responsibility of the county where the public defender works.
In each county the board of supervisors shall provide suitable rooms for the use of the public defender and office furniture and supplies with which to properly conduct the business of his office. Such expenses are a charge upon the county or counties in which the public defender is employed.
public defender board of supervisors office space
Section § 27709
If a defendant is represented by a public defender, the cost of printing or typing up the appeal briefs is paid for by the county.
The expense of printing or typewriting the briefs on appeal on behalf of a defendant represented by a public defender is a county charge.
public defender appeal briefs county charge
Section § 27710
This law requires public defenders to keep track of all the services they provide. Each year, they must submit a written report detailing these services to the board of supervisors.
The public defender shall keep a record of all services rendered by him in that capacity and shall file with the board or boards of supervisors annually a written report of his services.
public defender record keeping annual report
