Can I ask for a new public defender if I am not satisfied with my present attorney?

Question

I was charged with a felony and appointed a public defender. I go for the arraignment soon and would like to request a new public defender because I am very unhappy with my present attorney.  Do I have the right to do that?

Seth Bloom · Answer

You should first speak to the public defender appointed to your case to express your concerns. Be sure to be polite and courteous while also conveying your opinion to them and asking their opinion on having a new public defender assigned to your case.  If you are unable to reach a consensus then you should consider writing a letter itemizing the specific issues you are having with your lawyer and provide copies both to the court and also your public defender. Be sure to avoid divulging any incriminating information in this letter as it will not be protected by attorney-client privilege.  Alternatively, you can consider hiring private counsel to represent you in court.

Jacob P. Sartz · Answer

Yes, you do have a right to request new council. Ultimately, your judge may or  may not grant your request; however, you do have a right to at least request a  substitution of council. Further, you also have a right to retain the council of  your choice. Ultimately, though, the presiding judge has authority to determine  whether a substitution of council will be allowed.

Gregory Casale · Answer

You will need a better reason than not liking him. If there is complete breakdown in communication between you and your attorney, you can ask the judge to appoint a new attorney for you. But again, you have nothing to say in who they appoint. That is why it is advisable to hire a private attorney if at all possible. While some public defenders are excellent attorneys, others are not. Same with private attorneys. But with a private attorney YOU get to select who you want to represent you. With a public defender, someone else decides and you have very little to say about it. If you would like to speak with me about your case you can reach me through the contact info below. There is not fee for a telephone consultation.

Michael Chastaine · Answer

You can make the request, but you don't have the right to pick your public defender.  However, if you talk to your PD and request a change they might be willing to do so.

William Guy Pontrello · Answer

yes, if you have a valid conflict and not a petty excuse.

Steven C. Bullock · Answer

You can ask; however, pursuant to case law, you are entitled to an   attorney, but not the attorney of your choice unless you are able to retain your   attorney.  Good luck.

Michael J. Breczinski · Answer

Well the question is why you are dissatisfied. If he is not doing his job then  that is one thing. if it is because you don't like what he is telling you then  that is another. It is up to the judge if you get a new attorney or not at  public expense. You can always raise some money and hire your own lawyer.

Kevin O'Grady · Answer

It may be possible to get a court appointed attorney instead of your current public defender.  Of course you have the option of hiring an attorney that you feel comfortable with.

Thomas Tomko · Answer

You do not have the right to simply change attorneys or to have the attorney of your choice appointed to represent you.  However, if there is a breakdown in the attorney client relationship, then the Judge can consider a change.  There is no guarantee.  If you want to hire a different attorney, you are always free to do so.

Terry Nelson · Answer

You can ask, but dont count on it being approved unless you can show valid good cause.  If you dont know what that is, you dont have it.

Jared Altman · Answer

Yes. You have the right to ask for a new lawyer. But, the judge does not have to grant your request.

Joseph Dane · Answer

When the court appoints the Public Defender, they appoint the entire office, not just one attorney.  It's up to the public defender's office to assign an attorney.  They can decide to change attorneys internally if you request, but may not.   If there is something about how your attorney is handling things and your relationship has broken down so substantially that you cannot work together, you can seek to have a Marsden hearing to request another attorney be appointed.  You won't get another public defender, but either a conflict attorney or another one appointed by the court.  This is not something that is typically granted.  I'd suggest finding time to talk face to face with your current attorney before doing anything else.  Voice your concerns and see what they say.

Michael Palumbo · Answer

You can ask but they do not have to grant the request - you have the right to adequate counsel, not perfect counsel. If you want a lawyer of your choosing you need to retain your own lawyer.

Jules N. Fiani · Answer

You can ask for another one but it is up to the judge to decide if he/she will grant you another one....I recommend looking into hiring a private attorney....I very often hear of clients coming to me that say how they have been dissatisfied with their public defender for various reasons and are so grateful for coming to me since they never realized how affordable and inexpensive a private attorney costs.

Eric Sterkenburg · Answer

You cannot pick your public defender. If you want to choose your attorney you will have to hire one.

Leonard Harden · Answer

You can ask, it really depends on reason- ie. no contact or personality clash.  If you have fired other pub defenders before. You can always hire your own private lawyer.

Andrew Subin · Answer

No. You can hire whoever you want, but if you want a free lawyer from the state, you have to take whoever they assign to your case.

Justin Summary · Answer

You have a right to request a new one but the judge does not have to give you one.  You are entitled to have an attorney...but not one of your choosing.

Samuel H. Harrison · Answer

You can ask, but the judge is not required to give you another appointed attorney just because you don't like the one you have.

Craig Elhart · Answer

You may ask if you have a bona fide reason for doing so, however, the court does not have to appoint another attorney.

Robert English · Answer

Generally no. In California, you do have a right to make a motion if there is an extreme conflict with the attorney, but otherwise, the Public Defender's office can assign anyone they choose to your case. Just because you have the right make the motion to the court does not mean that the court will agree with you. In California it is called a Marsden motion.

Cynthia Henley · Answer

At least in Harris County, Texas, unless the lawyer asks to be let off of a case (and not even always then), the judge will not appoint a different lawyer to represent you. Because you are indigent, you are entitled to a qualified court appointed lawyer - but not the lawyer of your choosing. If you want a different lawyer, then you will have to hire a lawyer to replace your appointed lawyer.

Mary Bird · Answer

If you feel that your court appointed attorney is not doing their job, you may request a Marsden hearing. If the Court grants your Marsden motion, you will be appointed a new court appointed attorney.

Jeff Yeh · Answer

Tell the PD you wish to conduct a "Marsden" motion. The problem is, the Judge will almost always deny such a motion, because if granted, the motion becomes a part of the PD's permanent record.

Timothy Klisz · Answer

No, you can fire them, but are not guaranteed a replacement. You are best served to hire your own attorney who will care about your case.

Eric Rothstein · Answer

You can ask. The judge will ask you the reason. You should have a concise answer. Most judges will let you change once if done early. The best option is to retain counsel if you can.

Jared Austin · Answer

You can always ask, but that doesn't mean that it is going to be granted. Judges want to be careful that a defendant is not merely "lawyer shopping" and granting requests for new attorneys on a whim. If the attorney is not living up to his ethical standards or is being incompetent in representing you, then the judge would be inclined to give you a new attorney. But simply because you may not get along well or there is a thing or two you just don't like about him, the court will probably not grant your request as long as he is providing you with competent representation. You can always hire a private attorney if you are able.

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Can I ask for a new public defender if I am not satisfied with my present attorney?

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