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.