PUBLIC DEFENDER

You'll need Adobe Acrobat Reader to view these documents.

96-02 It is permissible for an assigned attorney to represent a criminal defendant even though the defendant (a) is subject to payment of a fee to a special fund for Public Defenders only upon being found guilty of an offense (DWI cases), and (b) may be required to pay part or all of the costs of representation by assigned counsel by order of court entered either at the time of assignment of counsel or subsequent to the assignment, including cases where the defendant is accused of violating probation for not having paid court-ordered sums to the Public Defender Special Fund.

93-01 A public defender who is on an involuntary unpaid furlough due to budgetary constraints does not violate the Code of Professional Responsibility if he or she is not available for advice or appointment of new clients during such furlough, but must either be available or make appropriate arrangements for existing clients to have access to advice and necessary representation at critical stages of the criminal legal process during his or her absence.

92-08 Public defender's office may not represent a client on criminal charges where defense of current client may require assertion that former clients actually perpetrated the offense and engaged in illegal conduct, and would violate the confidences and secrets of those former clients.

88-06 In representing a person accused of murdering a former client, a public defender may present evidence of the former client's reputation for violence if none of that evidence contains confidences or secrets originating with the attorney-client relationship with the former client.

88-01 A firm may not represent a criminal defendant charged with the first degree murder of a former client without betraying client secrets, in violation of DR 4-101.

82-08 Contract system, use of spouse of defender general

77-19 Public defender serving on board of organization which offers rehabilitation services to persons who may be involved with the correctional system

77-17 Assistant attorney general, former clerk in appeal division of public defender program participating in cases which were in the public defender program while employed there but in which there was no involvement

76-18 Public defender system












 

 

 

 

 

Return to Advisory Ethics Opinions Listing
View Opinions in Chronological Order