§ 10-731. General powers and duties; rooms, furniture, supplies; appointees generally.

(a)

Upon request by the defendant, or upon order of the court, it shall be the duty of the public defender to defend, without expense, and to represent generally, all persons who are without means to employ counsel, who have been indicted by the grand jury or charged with the commission of any crime, and he shall, also, upon request, give counsel and advice to such persons in and about any charge against them upon which he is conducting the defense, and he shall prosecute all appeals to a higher court of any person who has been convicted upon such charge, where, in his opinion there is error in the conviction had, and such appeal will, or might reasonably be expected to, result in the reversal or modification of the judgment of conviction.

(b)

The public defender shall have the power to employ such deputies, assistants, stenographers, interpreters and clerks as shall be necessary for the proper conduct of the business of his office, subject to the approval of the board of county commissioners, each of whom shall receive such salary or compensation as shall be fixed by the boards of county commissioners; all expenses herein referred to shall be a charge upon the county in which such public defender is employed.

(c)

The public defender shall take and file the constitutional oath of office.

(d)

The public defender shall receive such annual salary as shall be set by the board of county commissioners of the county. Such salary shall be payable in equal monthly or semimonthly installments.

(e)

The board of county commissioners shall provide suitable rooms for the use of the public defender and office furniture and supplies for the proper conduct of the business of his office.

(f)

Every person who shall be appointed as assistant public defender or a deputy assistant public defender shall be licensed to practice law in this state. Every such appointment shall be made in writing and under the hand and seal of the public defender and filed in the office of the clerk of the criminal court of the county in which such appointment is made. The person so appointed shall take and file with the clerk of the criminal court the constitutional oath of office before entering upon his duties. Every such appointment may be revoked by the public defender making same, which revocation shall be in writing and filed with the clerk of the criminal court. Such assistant or deputy assistant public defender may attend all criminal courts and discharge the duties imposed by law upon or required of the public defender by whom he was appointed. The public defender may designate in writing, to be filed in the office of the clerk of the criminal court, one of his assistants to be acting public defender in the absence from such county or other disability of such public defender, and the assistant designated shall, during such absence or disability of such public defender, perform the duties of his office. Such designation may be revoked by the public defender in writing, to be filed in the office of the clerk of the criminal court.

(Code 1992, § 24-103; Priv. Acts 1917, ch. 69, § 3; Priv. Acts 1953, ch. 295; Priv. Acts 1955, ch. 115; Priv. Acts 1957, ch. 155; Priv. Acts 1970, ch. 313; Priv. Acts 1975, ch. 89)