Q: If a lawyer resigns, can the attorney still be court appointed attorney?

Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.

There are other things that are altered with this new age computer system, it is the prosecuting attorneys name is changed to the current PA as well as the PA officer who tried the complaint. This is not fair because if it was on paper, the name would never change.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the law.

Regarding your concern about attorneys who have resigned but are still practicing, this situation would indeed be problematic. If a judge is unaware of an attorney's resignation and appoints them, any legal actions they undertake could be challenged. In such cases, it's important to bring this information to the court's attention to ensure that legal proceedings are conducted by licensed, practicing attorneys.

As for your observation about the prosecuting attorney's name being changed in the system, this can happen for various administrative reasons. However, it should not alter the legal standing or the historical record of the case. If you believe this is affecting the fairness or the accuracy of legal records, it might be appropriate to raise these concerns with the court or seek advice from a legal professional on how to address this issue.

In any situation where you suspect legal procedures are not being followed correctly, or there are irregularities in how cases are handled, it's advisable to seek legal counsel. They can provide guidance on how to proceed, ensuring that your rights and the integrity of the legal process are upheld. Remember, it's important to address these issues promptly to ensure fairness and legality in all legal matters.

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.