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 No. 4915 (N.S.), effective 6-23-77; Article repealed and new Article XXXVII, Department of Public Defender, Sections 690--698, inclusive, added by Ord.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)
The Public Defender shall prepare and submit to the Chief Administrative Officer the required annual itemized estimates of the expenditures and revenues of the Department. The Public Defender shall supervise the expenditure of all funds allocated to the Department and review expenditures of those funds, except as such review may be precluded by the internal screening procedures established pursuant to Section 692 of this Article.
(Amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9989 (N.S.), effective 7-16-09)
Cross reference(s) -- Budget procedures, etc., § 110 et seq.
The Public Defender shall perform the duties listed below. In the event the office of the primary public defender is precluded from providing legal defense counsel to an indigent criminal defendant under the circumstances described in Section 692 of this Article, such legal defense counsel duties shall be provided by the office of the alternate public defender, the multiple conflicts office or the office of assigned counsel, as appropriate:
(a) Upon request of the defendant or upon order of the court, the Public Defender shall defend or cause to be defended, 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 of the County of San Diego at all stages of the proceedings, including the preliminary examination. The Public Defender shall, upon request, give or cause to be given counsel and advice to such person about any charge against him or her or upon which the Public Defender is conducting the defense, and shall file all appeals to the superior court and may file notice of appeals to a higher court for any person who has been convicted, where in the opinion of the Public Defender or the client, the appeal will or might reasonably be expected to result in the reversal or modification of the judgment of conviction.
(b) Upon request the Public Defender shall defend 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) 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) 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) 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 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(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) Upon order of the court or upon 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 punishment resulting from criminal or juvenile proceedings.
(h) Upon request, or upon order of the court, the Public Defender may represent any person who is not financially able to employ counsel in immigration removal proceedings.
(i) Such other duties as may be required or permitted by law.
(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. 9989 (N.S.), effective 7-16-09; amended by Ord. No. 10736 (N.S.), effective 7-29-21; amended by Ord. No. 10754 (N.S.), effective 12-2-21)
State law reference(s)--Counsel required, Penal Code, § 686.1; exceptions to defense without cost, Penal Code, § 987.8; probate proceedings, Probate Code, § 1400 et seq.; proceedings, Welfare and Institutions Code, §§ 200, 5000 et seq.
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