How to Request a New Public Defender
If you are having trouble with your criminal defense attorney, you should first try and resolve any differences. It may seem easier to simply replace your attorney, but bringing in a new attorney means bringing that person up to speed on a case your current attorney already knows. However, sometimes fundamental differences and breakdowns in communication become bad enough that replacing your attorney may be the best option. In most instances, it is easy to replace a private criminal defense attorney: you simply fire the attorney and hire a new one. Replacing a public defender is not as simple. Although you have a right to a public defender, you do not have a right to the public defender of your choosing.
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Instructions
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Inform your attorney of your concerns. You may be able to work out whatever problems you have. If there can be no resolution, inform the attorney that you wish to replace him. If the attorney-client relationship is bad, he may wish to move on as well, and decide to help you.
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Write a request to replace your public defender, setting forth your reasons. Be specific and thorough. Every jurisdiction approaches a defendant's request to replace his public defender differently, but in general, you need to show that there is a breakdown in communication or that the public defender's performance is inadequate. For example, if your attorney has failed to follow up on a witness list you provided her, note that.
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Make copies of your request for the court and the public defender. DO NOT give a copy to the prosecutor. The court will treat this as a confidential matter, so that no defense strategies are revealed.
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Bring your written request to your next court date. Give the court's copy to the clerk. Tell your attorney that you are making a motion to replace him. He will let you make the request to the judge. The judge should then either schedule a hearing on your motion for a later date, or decide to hold the hearing immediately.
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Tell the judge at the hearing your reasons for wanting to replace your public defender. Your public defender will probably speak as well. Feel free to dispute your attorney, if you think she is incorrect, but keep your tone respectful so that the judge will take your request seriously.
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Tips & Warnings
Because requests to replace a public defender are handled differently in each jurisdiction, review the laws and procedures in place in your jurisdiction before acting. Your local court website is a good place to start. Asking a local lawyer is better.
