Supervisory note: After reading the discussion page - - It is difficult to determine who the questioner is referring to. A 'Public Defender' is only appointed to represent a defendant in a criminal case and that definitely does not seem to be the situation here. We are unable to assist this individual.
In California, public defenders are assigned by the judge during the defendant's first court appearance, which is called an arraignment. Public defenders are only assigned to defendants who can't afford to hire a lawyer, so the defender has to complete a financial form. If the judge or the public defender determines that the defendant can't afford a lawyer, the judge will assign a public defender at that time. However, it is possible to obtain the services of a public defender before the arraignment. If the defendant is being questioned or put in a lineup, and can't afford a lawyer, the police will arrange for a public defender to be present, or allow the defendant to call the Public Defender's Office. If the defendant has been charged with a crime but is not in custody, he or she can visit the Public Defender's Office at any time. But the public defender assigned by the judge may not be the same person the defendant before arraignment. The first related link is the Los Angeles Public Defender's Office, which has good information about their process (click the FAQ menu item). Other county Public Defender offices may have different procedures. The second related link has links to all Public Defender offices in California.
A Public Defender is an attorney, duly licensed to practice law, who represents people without financial means to employ counsel. If a defendant has means to employ counsel only for a limited purpose or period, when the dfenendant's funds are exhausted, private counsel will then ask for permission to withdraw from the case. At that point, a Public Defender attorney may be appointed by the court.
No, Public Defenders defend only indigent criminal defendants.
In most states, you must petition the court if you want to change your public defender. That's because the court appoints the public defender, so only the court can make a change. That's true in California if your public defender is a court-appointed lawyer and not a member of the Public Defender's Office for your county. But in some California counties with large Public Defender's Offices, the office may let you switch lawyers. Napa County is an example; click the first related link and look for the answer to the question "I don't like my Deputy Public Defender. How do I get a new one?" You will have to check with your county's Public Defender Office. You can find their contact information at the second related link; just scroll down to your county and look for the "Public Defender" link.
In Texas - or any other state - you can't change your public defender if you don't think he is doing a good job. Only the judge can change your public defender, so you would have to convince the judge that the public defender is not doing a good job. See the first related link below for an example of this from the Dallas County Public Defender's Office (scroll down to the question "Can I fire my Assistant Public Defender?"). I found this at the second related link, which has links to Public Defender offices in several counties; you can call those offices and ask about their local procedures.
No. Public defender's are only available in criminal proceedings.
To get a public defender or court-appointed attorney in a criminal case in Ohio, the defendant must be unable to afford to hire an attorney, must request that one be appointed for him, and must submit a financial affidavit showing that he or she can't afford to hire an attorney. A defendant is entitled to a public defender or court-appointed attorney only if facing a charge that could result in loss of liberty (i.e., jail or prison). Note that this question was originally placed in the "Civil Lawsuits" category; that was incorrect, as public defenders may only be used in criminal cases. Anyone seeking free or low-cost legal services in a civil case must look for "legal aid" or "legal services" attorneys. The first related link below is just an example, from Crawford County, of the steps involved in requesting a court-appointed attorney. The second related link is the state Public Defender's office. The third related link is where I found the first two, and where you can find links to other local public defender resources.
Sure, unless there is some other, compelling reason for him not to represent your co-defendant.Added: While the court may rule that your attorney can represent your co-defendant in ANOTHER case, IMHO it is just as likely to rule that it would be a confict-of-interest.
No Lawyers have a narow and effective definition of conflict of interest. EG: A Lawyer can represent criminals and police with no Problem He or she can work as both a public Defender and legal adviser for many police. He only comes into conflict when he is representin a Police officer and a Criminal involved in the same case.
you get defender class is menber only
If you cannot afford a private attorney and you do not want the public defender, your only other option is to represent yourself.