Q: Is it legal for a public defender to blatantly make the case for the other side?
We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent our contest at all. We were totally caught off guard by her speech and had no indication whatsoever that she would have a total disregard of our position. How can this be legal? How could the judge accept this?
A: Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with hospital and nursing home staff, and friends and family who have knowledge of the proposed conservatee, but to ensure that the legal rights of the PC are being protected. If the PC cannot respond to questions posed by the PD, it can be very difficult to meaningfully defend the PC. In effect, the PD becomes part of the investigative arm of the court, along with the court investigator. A good PD will evaluate the totality of the circumstances and come to his own judgment about the need for a conservatorship and the choice of a conservator.
Louis George Fazzi agrees with this answer
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