Chapter 2. Duties And Powers of California Government Code >> Division 3. >> Title 2. >> Part 7. >> Chapter 2.
The primary responsibility of the State Public Defender is
to represent those persons who are entitled to representation at
public expense in the proceedings listed in subdivisions (a), (b),
and (c) and (d) of Section 15421. This responsibility shall take
precedence over all other duties and powers set forth in this
chapter.
Upon appointment by the court or upon the request of the
person involved the State Public Defender is authorized to represent
any person who is not financially able to employ counsel in the
following matters:
(a) An automatic appeal to the Supreme Court under Section 11 of
Article VI of the California Constitution and subdivision (b) of
Section 1239 of the Penal Code.
(b) A petition for a writ of certiorari to the United States
Supreme Court with respect to a judgment on the automatic appeal to
the Supreme Court under Section 11 of Article VI of the California
Constitution and subdivision (b) of Section 1239 of the Penal Code.
(c) An appeal in a noncapital, criminal case as long as the State
Public Defender is fulfilling the responsibilities to provide
representation imposed pursuant to subdivisions (a) and (b), or the
State Public Defender determines that taking a limited number of
those cases is necessary for staff training.
Where a county public defender has refused, or is otherwise
reasonably unable to represent a person because of conflict of
interest or other reason, the State Public Defender is authorized to
represent such person, pursuant to a contract with the county which
provides for reimbursement of costs, where the person is not
financially able to employ counsel and is charged with the commission
of any contempt or offense triable in the superior court at all
stages of any proceedings relating to such charge, including
restrictions on liberty resulting from such charge. Except in cases
of representation under subdivision (d) of Section 15421, the State
Public Defender may decline to represent such person by filing a
letter with the appropriate court citing Section 15420 of this
chapter.
The State Public Defender is authorized to appear as a
friend of the court and may appear in a legislative, administrative
or other similar proceeding.
A person requesting the appointment of counsel shall make a
financial statement under oath in the manner provided in rules
adopted by the Judicial Council.
The duties prescribed for the State Public Defender by this
chapter are not exclusive and he may perform any acts consistent with
them in carrying out the functions of the office.