ARTICLE XXXVII DEPARTMENT OF PUBLIC DEFENDER*
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*Note -- A new Article, Office of Defender Services, Sections 690--696, inclusive, added by Ord. No. 4915 (N.S.), effective 6-23-77; Article repealed and new Article XXXVII, Department of Public Defender, Sections 690--698, inclusive, added by Ord. No. 7486 (N.S.), effective 6-23-88, operative 7-1-88; amended by Ord. No. 9629 (N.S.), effective 4-15-04, and Ord. No. 9989 (N.S.), effective 7-16-09.
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It is the intent of the Board of Supervisors to fully implement the provisions of Government Code sections 27700 et seq. and Penal Code section 987.2 for purposes of providing indigent defense services. Therefore, the Board of Supervisors hereby establishes in the County of San Diego a Department of the Public Defender.
(Amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9989 (N.S.), effective 7-16-09)
State law reference(s) -- Indigent defense services, Gov. Code, § 27700 et seq.; Penal Code, § 987.2.
There is in the County and in the Department the position of Public Defender. The position shall be in the Unclassified Service of the County and shall be filled by appointment by the Chief Administrative Officer in accordance with the County Charter and of the rules and policies established thereunder, and County ordinances. The Public Defender shall serve at the pleasure of the Chief Administrative Officer. A person is not eligible to the office of Public Defender unless the person has been a practicing attorney in all of the courts of the State of California for at least the year preceding the date of his or her appointment in accordance with Section 27701 of the Government Code. The Public Defender shall exercise general supervision of the Department.
(Amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9737 (N.S.), effective 10-27-05; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 9989 (N.S.), effective 7-16-09)
State law reference(s) -- Eligibility, Gov. Code, § 27701.
(A) When the County provides defense counsel legal representation to multiple indigent criminal defendants with divergent interests involved in a single case, the law requires that each criminal defendant has a right to conflict-free, separate and independent legal representation. Consistent with applicable law, the Department shall be organized into separate offices to include the following offices within the Department: primary public defender, alternate public defender, multiple conflicts, assigned counsel, and other such administrative offices as may be necessary to the operation of the Department. Internal screening procedures, commonly referred to as "ethical walls," shall be implemented that meet prevailing legal standards for preserving each defendant's right to conflict-free, separate and independent counsel.
(B) The offices shall operate with sufficient separation that is required by applicable law, coinciding only for matters of administrative convenience and only at the top administrative level, and for any other matters or levels as permitted by law. The Public Defender shall regularly review the internal screening procedures to ensure conformity with prevailing law.
(Added by Ord. No. 9989 (N.S.), effective 7-16-09; amended by Ord. No. 10242 (N.S.), effective 2-7-13)
The Public Defender shall appoint and employ such personnel as may be necessary to conduct the business of the Department. All appointments and employments made by the Public Defender, other than the unclassified service positions authorized by the San Diego County Compensation Ordinance, shall be in accordance with the provisions of the County Charter, Civil Service Rules, and County ordinances.
(Amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9989 (N.S.), effective 7-16-09)
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