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. The Public Defender, at all times, shall be
a resident of Ulster County.
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 the 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.
C.
Reports. On or before March 1 of each year, the Public
Defender shall make an annual report to the County Legislature and
County Executive for the immediately preceding calendar year, covering
generally the work of the department, including all cases handled
by his or her office during the preceding year. The Public Defender
shall make such other reports at such times as may be required by
the County Legislature, County Executive or any applicable law. Copies
of all reports shall be filed with the Clerk of the County Legislature
and the County Executive.
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.
