California Assembly Bill AB259 Introduced / Bill

 BILL NUMBER: AB 259INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Smyth FEBRUARY 7, 2011 An act to amend Section 27701 of the Government Code, relating to a county public defender. LEGISLATIVE COUNSEL'S DIGEST AB 259, as introduced, 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 the office of 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. 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: 27701. A person is  not  eligible to the office of public defender  unless he   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   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 as a judge (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, and (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, or elected public official, and he or she (1) 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 or elected office, and (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 or elected office and is an active member of the State Bar.