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Can a prisoner fire the public defender assigned to defend him without having another attorney to represent him?
A prisoner's "relationship" with the public defender is not like a private relationship he would have with his own attorney. The difference is that there is a third party to reckon with, and that's the judge. The public defender is "assigned", not chosen. Therefore, while a criminal defendant can, in fact, fire his PD, and perhaps defend himself, the criminal defendant must also reconcile those matters with the judge. If the defendant does not represent himself, or has not hired his own attorney, or cannot afford one, the judge will assign the same PD again to your brother. In the absence of "moral turpitude" on the part of the public defender (e.g., he's a felon, or a "fall down" drunkard, or he, on the record, "refuses" to defend your brother because he says in open court, "you know your Honor, I think this defendant is guilty"), then that same public defender is going to be back in the prisoner's life, whether he likes it or not. However, that can be changed, if the defendant can demonstrate to the court that he has hired a private attorney. |
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