Bill would protect public defenders from political firings

A bill that would require just cause to fire a county’s public defender passed the California Assembly’s Public Safety Committee July 15 with a 7-0-2 vote.

Public defenders are currently appointed by a board of supervisors, and serve at will. Senate Bill 485 would require a public defender’s termination to be due to neglect of duty, malfeasance or misconduct in office. 

Eloise Gómez Reyes (D-Grand Terrace) authored the bill. Assemblymembers Tom Lackey (R-Palmdale) and James Ramos (D-San Bernardino) did not vote at the hearing. 

Assemblyman Scott Wiener (D-San Francisco) introduced the bill on behalf of Gómez Reyes.

“In the acts of duty, public defenders take on popular stances to advocate for those who may not be politically popular, may occasionally draw the ire of other county departments or even Members of the Board of Supervisors who appointed them. The at-will employment status, that's the current State of affairs, has led to the fear of termination by public defenders who have taken up controversial causes which can interfere with their ability to adequately fight for their clients. Chief public defenders play a critical role in ensuring a fair and equitable justice system, they uphold the Constitution by guaranteeing access to due process for all, regardless of financial status, and by eliminating the at will status of these officials, SB485 will protect their Independence and allow them to serve with integrity,” Wiener said.

Ryan Mooney of the California State Association of Counties spoke in opposition, asking for amendments. The bill should require four-year terms, base its termination off of performance reviews, and include a judicial review process, Mooney said. 

“While we recognize the unique challenges public defenders face by balancing their constitutional obligations to best serve their clients with the diverse views of our boards of supervisors, without these guardrails, the public defender employment status would be an outlier in the broader county organizational structure,” Mooney said.

The last time in California that a public defender was removed from office was in 1999, Mooney said. 

The committee’s analysis of the bill said that there are no documented cases in California where a board of supervisors has removed a public defender for taking a controversial case. The analysis mentions the 2020 terminations of public defenders in Montgomery County, Pennsylvania. Public Defender Chief Dean Beer and Deputy Chief Keisha Hudson were fired for submitting an amicus brief about the state’s use of cash bail. 

Rebecca Marcus, representing the California Public Defenders Association, said at the committee hearing that insulation from politics is a concern for public defenders.

“Two different public defenders offices came to our Association looking for advice on how to navigate precarious situations with their boards of supervisors and elected law enforcement, trying to balance their constitutional duties to advocate for their clients with a real fear of retaliation. Discussing mental health diversion or ICE raids at courthouses put them at odds with their Board of Supervisors,” Marcus said.