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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER IV.
PUBLIC DEFENDER*

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Cross reference(s)--Law enforcement generally, Div. A20.

State law reference(s)--Public defenders, Government Code § 27700 et seq.

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Sec. A22-46. Department recognized.

There is in the County a Public Defender's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.28-1; Ord. No. NS-300.76, § 1, 11-23-64)

Sec. A22-47. Position recognized.

There is in the County and in the Department the position of Public Defender.

(Code 1954, § 3.1.28-1; Ord. No. NS-300.76, § 1, 11-23-64)

Sec. A22-48. Declared executive officer; appointment, supervision.

The Public Defender shall be the executive officer of the Department and shall be appointed in the manner in which County executive appointments are required to be made by the Charter. The Public Defender shall be under the supervision of the County Executive.

(Code 1954, § 3.1.28-2; Ord. No. NS-300.76, § 1, 11-23-64)

Charter reference(s)--County Executive appointments, § 404.

Sec. A22-49. Authority over personnel.

Subject to the provisions of the Charter and this Code, the Public Defender shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.28-2; Ord. No. NS-300.76, § 1, 11-23-64)

Charter reference(s)--Personnel system, Art. VII.

Sec. A22-50. Duties.

The Public Defender shall perform the duties prescribed by the law of the State of California. In addition, the Public Defender shall defend without expense to the defendant, any person who is not financially able to employ counsel and who is charged with the commission of an offense triable in the Municipal or Justice Courts of this County when, in the opinion of the Public Defender, such defense is necessary to protect the constitutional rights of such defendant, or upon order of the court.

(Code 1954, § 3.1.28-3; Ord. No. NS-300.76, § 1, 11-23-64)

State law reference(s)--Duties, Government Code § 27706.

Sec. A22-51. Applications for assistance or representation.

Except upon order of the court, before the Public Defender shall render any assistance or representation to anyone claiming to be a person who is not financially able to employ counsel, such person shall make a written statement under penalty of perjury declaring the nature, location and value of all property in which such person has any interest.

(Code 1954, § 3.1.28-4; Ord. No. NS-300.107, § 1, 6-26-67)

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