QUESTION

Can a client request a certain lawyer for a court-appointed attorney?

Asked on Apr 28th, 2006 on Criminal Law - Iowa
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Can a client request a certain lawyer for a court-appointed attorney?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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When a defendant cannot afford a lawyer, one will be appointed to represent him or her at no charge. In most places, this will be a public defender. However, the public defender may have a conflict of interest, particularly in cases with more than one defendant. Generally, a lawyer represents only one client in a case. Courts have differing procedures for the appointment of counsel in cases in which the Public or Community Defender's office has a conflict or otherwise cannot accept the appointment. Many courts maintain a list of attorneys who are qualified and willing to accept such appointments. These lawyers are paid at very reduced rates. Almost always, the court, not the defendant, makes the decision as to which lawyer will be appointed to represent him or her. It is unusual, but not unheard of, for a a court to allow a defendant to choose his counsel in a court-appointment situation, particularly if the attorney is already on the court-appointed list and has been representing the client for a long time. Another option some courts allow is for retained counsel to apply to the court to have expenses but not fees paid by the court if the client becomes indigent during the course of the case. If there is a particular lawyer you would like to represent you, you should call him or her and ask whether this is possible in your jurisdiction.
Answered on Apr 28th, 2006 at 12:09 AM

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