How Do I Request a New Public Defender if Mine is Ignoring My Case?
If you have discussed thiswith your public defender regarding this issue and it has not been resolved, you should advise him/her you would like new counsel. Your public defender should then explain your options. Some public defender's offices will allow your attorney to withdraw and will then appoint another public defender or court-appointed attorney to represent you. Other public defender's offices will tell you, you only get one public defender; and if you fire your public defender, you must retain counsel on your own or represent yourself.
If your relationship with your attorney has deteriorated to a point where you do not wish to discuss yhis with him/her, we suggest you contact the public defender's office directly. Again, you may not have the option of getting another public defender. The 6th Amendment right to counsel does not necessarily give you the right to counsel of your choice.
Prepare a list of reasons why the current court-appointed attorney is not providing sufficient counsel. File a request- for a new public defender with the judge presiding over your case, or the public defender’s office-. Await confirmation from the judge regarding appointment of a new attorney.
Ask your lawyer to file a motion with the judge to be relieved from the case. Confirm with the judge that a new public attorney will be appointed before your current lawyer withdraws from the case.