There shall be a Department of Public Defender under the direction of a Public Defender, who shall be appointed by the County Executive subject to confirmation by the County Legislature. At the time of his/her appointment, and throughout his/her term of office, the Public Defender shall be and remain duly licensed and entitled to practice law in the State of New York. He/She shall be appointed on the basis of his/her legal experience and other qualifications for the responsibilities of his/her office. He/She shall be directly responsible to, and serve at the pleasure of, the County Executive.
The Public Defender shall be deemed to be a County officer. Except as may otherwise be provided in this Charter, he/she shall have all the powers and perform all the duties conferred or imposed by law upon a public defender, and shall perform such other and related duties required by the County Executive or County Legislature.
The Public Defender shall have the power to appoint such Deputy and Assistant Public Defenders, investigators and employees of his/her department as shall be authorized by the County Legislature. At the times of their appointment, and throughout their terms of office, all Deputy and Assistant Public Defenders shall be and remain duly licensed and entitled to practice law in the State of New York. All Deputy and Assistant Public Defenders, investigators and employees of the department shall be directly responsible to, and serve at the pleasure of, the Public Defender, except as otherwise provided by this Charter, the Administrative Code or applicable law.
The Public Defender, subject to approval by the County Executive, shall designate in writing, and in order of succession, the Deputy and Assistant Public Defenders who shall be Acting Public Defender in the event of his/her absence from the County or inability to perform and exercise the powers and duties of his/her office. Such designations shall be filed with the County Clerk and the Clerk of the County Legislature and may be revoked at any time by the Public Defender filing a new written designation and order of succession. The Acting Public Defender shall have all the powers and perform all the duties of the Public Defender.
The Public Defender shall have the power to retain special counsel where necessary and within appropriations made therefor.