Bill Text: CA AB259 | 2011-2012 | Regular Session | Amended

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Bill Title: County public defender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-08-30 - Ordered to inactive file pursuant to Senate Rule 29. Ordered to inactive file at the request of Senator Dutton. [AB259 Detail]

Download: California-2011-AB259-Amended.html

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BILL NUMBER: AB 259	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MAY 4, 2011

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 7, 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.
State-mandated 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.