Does the California Superior Court have the power to appoint a public defender as a standby counsel?

California, United States of America


The following excerpt is from Littlefield v. Superior Court, 18 Cal.App.4th 856, 22 Cal.Rptr.2d 659 (Cal. App. 1993):

We conclude that the court is not empowered to appoint that office to serve as "standby" counsel. The court's authority in appointing the public defender is limited to appointments to defend a person charged with a crime, or at least to assist in the defense of such person. (See e.g. Ligda v. Superior Court, supra, 5 Cal.App.3d at p. 824, 85 Cal.Rptr. 744.) A standby counsel represents no one. Like an understudy in a play, his or her task is to wait in readiness to play a role should the occasion arise. Standing by is not defending.

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