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AB-259 County public defender.(2011-2012)

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AB259:v96#DOCUMENT

Amended  IN  Senate  June 25, 2012
Amended  IN  Assembly  May 11, 2011
Amended  IN  Assembly  May 04, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 259


Introduced  by  Assembly Member Smyth

February 07, 2011


An act to amend add Section 27701 of 27701.5 to the Government Code, relating to a county public defender government.


LEGISLATIVE COUNSEL'S DIGEST


AB 259, as amended, Smyth. County public defender.
Existing law authorizes the board of supervisors of a county to establish the office of public defender for the county. Under existing law, a person is not eligible to the office of public defender unless he has been a practicing attorney in the courts of the state for at least the year preceding the date of his election or appointment.
This bill would provide that, in addition to existing law, a person is eligible to for the office of public defender Los Angeles County Public Defender if he or she is a sitting or retired judge, and as a judge meets specified qualifications, or if he or she was a judicial commissioner, magistrate, or referee, or elected public official, and meets specified qualifications.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 27701 of the Government Code is amended to read:

SECTION 1.

 Section 27701.5 is added to the Government Code, to read:

27701.27701.5.
 A person is eligible to for the office of public defender Los Angeles County Public Defender if the person meets one of the following criteria:
(a) He or she has been a practicing attorney in all of the courts of the state for at least the year preceding the date of his or her election or appointment.
(b) He or she was a sitting or retired judge, and both of the following apply:
(1) He or she was a practicing attorney in all of the courts of the state for at least the year preceding the date of his or her election or appointment to the judicial office.
(2) On or before the date of his or her election or appointment to the office of public defender, he or she resigns his or her judicial office, the current term of his or her office has expired, and he or she is an active member of the State Bar.
(c) He or she was a judicial commissioner, magistrate, or referee authorized to perform the duties of a subordinate judicial officer, and both of the following apply:
(1) He or she was a practicing attorney in all of the courts of the state for at least one year preceding the date of his or her election or appointment to judicial office.
(2) On or before the date of his or her election or appointment to the office of public defender, he or she resigns his or her judicial office and is an active member of the State Bar.
(d) He or she was an elected public official, and both of the following apply:
(1) He or she was a practicing attorney in all of the courts of the state for at least one year preceding the date of his or her election to public office.
(2) On or before the date of his or her election or appointment to the office of public defender, he or she resigns his or her elected public office and he or she is an active member of the State Bar.

SEC. 2.

 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size, scope, and complexity of the issues that the Los Angeles County Public Defender must handle, it is imperative that the Board of Supervisors have the most expansive, yet highly qualified, applicant pool from which to choose.