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.