Chapter 2 - Duties and Powers

California Government Code — §§ 15420-15426

Sections (8)

Amended by Stats. 2020, Ch. 29, Sec. 7. (SB 118) Effective August 6, 2020.

The primary responsibilities of the State Public Defender are as follows:

(a)To represent those persons who are entitled to representation at public expense in the proceedings listed in subdivisions (a) to (d), inclusive, of Section 15421.

(b)To provide assistance and training to public defender offices established pursuant to Sections 27700 to 27712, inclusive, to counsel appointed pursuant to Sections 987 to 987.9, inclusive, of the Penal Code, and to counsel appointed pursuant to Sections 634, 634.3, and 634.6, inclusive, of the Welfare and Institutions Code, and

to engage in related efforts for the purpose of improving the quality of indigent defense.

§ 15421

Amended by Stats. 2020, Ch. 29, Sec. 8. (SB 118) Effective August 6, 2020.

The State Public Defender is authorized to represent any person who is not financially able to employ counsel in the following matters:

(a)An automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code.

(b)A petition for a writ of certiorari to the United States Supreme Court with respect to a judgment on the automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code.

(c)An appeal in a noncapital, criminal case as long as the State

Public Defender is fulfilling the responsibilities to provide representation imposed pursuant to subdivisions (a) and (b), or the State Public Defender determines that taking a limited number of those cases is necessary for staff training.

(d)Any other proceeding in which a person is entitled to representation at public expense where providing this representation is in furtherance of the State Public Defender’s primary responsibilities, as set forth in Section 15420, or to address legal claims that impact the resolution of death penalty cases.

§ 15421.1

Added by Stats. 2022, Ch. 615, Sec. 1. (SB 1117) Effective January 1, 2023.

The State Public Defender is authorized to administer and award grants to improve indigent defense services.

§ 15422

Amended by Stats. 2020, Ch. 29, Sec. 9. (SB 118) Effective August 6, 2020.

Where a county public defender has refused, or is otherwise reasonably unable, to represent a person because of conflict of interest or other reason, the State Public Defender is authorized to represent that person, pursuant to a contract with the county which provides for reimbursement of costs, where the person is not financially able to employ counsel and is charged with the commission of any contempt or offense triable in the superior court at all stages of any proceedings relating to that charge, including restrictions on liberty resulting from that charge. The State Public Defender may decline to represent the person by filing a letter with the appropriate court citing Section 15420.

§ 15423

Added by Stats. 1975, Ch. 1125.

The State Public Defender is authorized to appear as a friend of the court and may appear in a legislative, administrative or other similar proceeding.

§ 15424

Added by Stats. 1975, Ch. 1125.

A person requesting the appointment of counsel shall make a financial statement under oath in the manner provided in rules adopted by the Judicial Council.

§ 15425

Amended by Stats. 2022, Ch. 197, Sec. 8. (SB 1493) Effective January 1, 2023.

The duties prescribed for the State Public Defender by this chapter are not exclusive and they may perform any acts consistent with them in carrying out the functions of the office.

§ 15426

Added by Stats. 2025, Ch. 111, Sec. 2. (SB 157) Effective September 17, 2025.

Contracts entered into or amended by the State Public Defender to implement Sections 15420 and 15421 shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5, Chapter 6.5 (commencing with Section 14835) of Part 5.5, Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.