Legal Question in Criminal Law in Minnesota

What if an incarcerated individual wants to fire his public defender?

My son is in prison, he has a five year old daughter and the respondent involved in a Termination of Parental Rights case. The county wants to take away his parental rights.

He was appointed a public defender by the court system. He wants to fire this attorney. The attorney has told him he has ''NO CHANCE of winning.'' This attorney has made NO attempt to contact my son and in fact he showed up alone for the ''pre-trial'' hearing without getting the court to give my son a writ so he could attend the hearing. The case is scheduled for trial in October.

The question is: What will happen if my son dismisses the current attorney? Will the court appoint another attorney? Or would it be a ''conflict of interest''? He has no means or money to hire another attorney. Will the judicial system allow him to dismiss his attorney? What would you advise? Thank you


Asked on 8/24/02, 12:06 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: What if an incarcerated individual wants to fire his public defender?

Check with the public defender, his or her administrator (public defender's office), or the court administrator. Local practices may vary. If he insists upon "firing" his public defender, he may end up with no lawyer, unless he can hire a private lawyer. But, his public defender might agree to find a replacement, or provide the name of a public defense administrator who could discuss this. Good luck.

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Answered on 8/27/02, 12:54 pm


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