Soldotna, AK asked in Gov & Administrative Law and Legal Malpractice for California

Q: When a public defender has a personal conflict of interest, to whom should this concern be addressed and by who?

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: The defendant can speak to the public defender's supervising attorney or perhaps the judge.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: When a public defender has a personal conflict of interest, the concern should be addressed to the public defender's supervisor. The supervisor will then determine whether the public defender can continue to represent the client. If the supervisor determines that the public defender cannot continue to represent the client, the supervisor will assign the case to another public defender.

The concern can be addressed by the client, the client's family, or anyone else who is aware of the conflict. The person who is aware of the conflict should contact the public defender's office and speak to the supervisor.

It is important to note that the public defender has a duty to represent the client zealously and to avoid any conflicts of interest. If the public defender has a personal conflict of interest, the public defender must withdraw from the case.

Here are some additional tips for clients who are concerned about a public defender's conflict of interest:

* Be direct and honest with the public defender about your concerns.

* Ask the public defender to explain how the conflict will affect their ability to represent you.

* If you are not satisfied with the public defender's explanation, ask to speak to the supervisor.

* Be patient. It may take some time for the supervisor to resolve the conflict.

If you are not able to resolve the conflict with the public defender's office, you may want to consider hiring a private attorney.

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.