How to Get a New Public Defender
A public defender is an attorney appointed by the court to represent an indigent client in a criminal case. There are three different systems courts use to assign and appoint a public defender. One system involves a government funded public defender's office. Another system involves the appointment of attorneys in private practice to represent indigent criminal defendants. The final system combines both approaches. There are instances when a defendant wants to get a new public defender.
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Instructions
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Prepare a written motion to be filed with the court requesting the appointment of a new public defender. Describe the specific reasons why you feel you should be assigned a new public defender. While the court might be inclined to provide you a new public defender once, the odds of obtaining replacement counsel become slim after the first substitution.
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Contact your current public defender and tell her you are seeking a replacement. Provide her with a copy of your motion.
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Send a copy of your motion for new counsel to the prosecuting attorney. The prosecutor has the right to object to your motion.
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Schedule a hearing so that the judge can consider your motion for a new public defender. You will need to send notification of the hearing to both your current public defender and the prosecuting attorney.
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Present arguments in support of your motion for a new public defender at the hearing. Be prepared to respond to questions from the court and deal with any opposition from the prosecuting attorney.
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Tips & Warnings
Have a solid reason to request a new public defender. A common one is that your attorney has a conflict of interest. For example, if your public defender represented a co-defendant in your current case, that may constitute a conflict of interest.
