Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

A: I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your rights.

In order to remedy this situation, you should write to the judge who is presiding over your case and ask for a new public defender. Explain to the judge what concerns you have about the lawyer that has been assigned to your case. The judge will look at the concerns that you have raised and make a determination about whether your lawyer is violating your right to effective assistance of counsel. If so, the judge will likely appoint a new public defender to your case.

I hope this helps!

A: A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could be discussed with the current lawyer serving as Public defender and then their supervisor.

A: If you feel that your court-appointed attorney is not adequately representing you and there is a breakdown in communication, you have the right to address this issue. Here's what you can do:

Document Everything: Keep a record of all interactions with your attorney, including dates, times, and details of your requests and their responses or lack thereof. This documentation can be valuable if you need to demonstrate a pattern of inadequate representation.

Request a Meeting: Try to schedule a face-to-face meeting or phone call with your attorney to express your concerns calmly and professionally. Discuss the issues you've been experiencing and ask for clarification on their approach to your case.

Contact the Public Defender's Office: If you're unable to resolve the issues directly with your attorney, contact the public defender's office that assigned them. Explain your concerns and request a new attorney, providing specific reasons for your request.

Request a Court Hearing: If your initial efforts do not lead to a resolution, you can request a court hearing where you can voice your concerns to the judge. Be prepared to provide evidence of the breakdown in communication and inadequate representation.

Consult with an Advocate: If you believe your rights are being violated, you may want to consult with a legal advocate or a local legal aid organization for guidance on how to proceed and ensure that your rights are protected.

Remember that your right to effective legal representation is fundamental, and if your attorney is not meeting the necessary standards, you have options to address the situation. Be persistent and advocate for your rights to ensure you receive the representation you deserve in your case.