A.
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
and serve at his or her pleasure. At the time of his or her appointment,
the person appointed as Public Defender shall have been duly admitted
to the practice of law in this state for at least five years, and
throughout his or 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 or she shall be appointed on the basis of his or her
legal experience and other qualifications for the responsibilities
of his office and devote his or her full working time to the duties
of the office.
B.
The Public Defender shall:
(1)
Provide legal representation, without charge, as directed
by a court of appropriate jurisdiction, to persons whom the court
has determined are financially unable to retain private counsel and
who are charged with a crime, or who are entitled to assigned counsel
pursuant to the Family Court Act or other statutory provision;
(2)
Except as otherwise provided in this Charter, have
all the powers and perform all the duties conferred or imposed by
law upon his or her office; and
(3)
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 or her Department as shall be authorized by the
County Legislature. At the times of their appointments, 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 the Charter, 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 or her absence from the
County or inability to perform and exercise the powers and duties
of his or 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 an approved 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.