If my husband’s public defender is withdrawing from his case, is there a way you can choose the replacement?

My husband has not been happy with the public defender he was appointed, I have tried to contact him to talk about the case but was informed via email that he is withdrawing from his case. Is there any way you can choose the new appointed public defender? I obviously want the best defence he can have but money is an issue.

Asked on November 4, 2011 under Criminal Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a situation where your husband's current appointed defense counsel is withdrawing he needs to consult with an alternate public defender appointed by the court to defend him and agree to him or her.

I am a little confused by the question in that if one public defender is unacceptable to defend a person charged with a crime, then another person who is a licensed attorney with the same public defender's office can simply defend a person without the official withdrawal of the first that is with the same office.

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