Fort Collins, CO asked in Criminal Law for Colorado

Q: Is it legal for a judge to recommend a public defender?

Criminal Case

Related Topics:
1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: It is never illegal for a judge to "recommend" anything, let alone when they are recommending that you preserve your right to counsel under the 6th Amendment by suggesting a PD if/when you cannot afford a private lawyer otherwise. PDs are assigned to specific courtrooms and whichever is appointed to your case is the one that you are stuck with. You cannot request a specific PD and there is no legal objection otherwise. If you do not wish to have that PD, you can simply represent yourself "pro se." The only other way to get another attorney is if there is a legal conflict of interest with the assigned-PD, which, after a private ex-parte hearing, a separate judge determines is legal and warranting other appointment of the Office of the Alternate Defense Counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.