[Amended 12-8-2003 by L.L. No. 6-2003, approved 12-30-2003; 8-8-2016 by L.L. No. 7-2016,
approved 11-8-2016, effective 1-1-2017]
There shall be an office of the Public Defender headed by an
attorney duly admitted to the practice of law in the state. The Public
Defender shall be appointed by the County Executive, subject to confirmation
by the County Legislature as provided in Section 302(c) of this Charter,
and serve at the pleasure of the County Executive. The Public Defender
shall have the power to appoint such Assistant Public Defenders and
employees as may be authorized by the County Legislature and within
the appropriations made for such purpose. At the time of their appointment,
and throughout their service in office, all Deputy and Assistant Public
Defenders shall be duly admitted to practice law in New York State,
except as otherwise authorized pursuant to Sections 478 and 484 of
the Judiciary Law of the State of New York. All Deputy and Assistant
Public Defenders, investigators and employees shall serve at the pleasure
of the Public Defender, subject to applicable law.
Provide Legal representation, without charge, as requested by
a court of competent jurisdiction, to persons whom the court has determined
are financially unable to retain private counsel and who are charged
with a crime as defined in Section 722-a of the County Law of the
State of New York, or who are entitled to assigned counsel pursuant
to the Family Court Act of the State of New York or other statutory
provision.
There shall be an Alternate Public Defender to provide representation
for indigent defendants who qualify for representation by the Office
of Public Defender under the law of New York State but where a conflict
of interest precludes the Office of Public Defender from providing
such representation. The Alternate Public Defender shall be appointed
by the County Executive, subject to confirmation by the County Legislature.
The Alternate Public Defender shall appoint such Deputy and Assistant
Alternate Public Defenders, investigators and employees of the Office
of Alternate Public Defender within appropriations made therefor.
At the time of their appointment, and throughout their service in
office, all Deputy and Assistant Alternate Public Defenders shall
be duly admitted to practice law in New York State, except as otherwise
authorized pursuant to Sections 478 and 484 of the Judiciary Law of
the State of New York. All Deputy and Assistant Alternate Public Defenders,
investigators and employees shall serve at the pleasure of the Alternate
Public Defender, subject to applicable law.
