Legal Question in Juvenile Dependency in California

Can I fire my attorney before my jurisdictional disposition settlement hearing. I am not being represented properly through my Public Defender. She is being biased against me and so is other parties involved in my cases. My rights are in jeopardy and so is my parental rights. I feel so lost and confused because of my lack of knowledge of the law. Please help. I can't have a Public Defender who is not going to fight for me. I need to buy time to find a private attorney. Will the courts be able to let me fire my PD and also extend my court date which is a month from now.


Asked on 7/02/11, 12:40 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

I do not think you meant "public defender". Usually in juvenile dependency cases, when a parent or child can not afford one on their own, the court "appoints" a lawyer from a panel of attorney's who have agreed to do this type of work for the government at greatly reduced rates, and are trained accordingly. From time to time, an appointment is not a good one for all kinds of reasons. Your reason is certainly valid. You can not be expected to have an attorney who does not treat you well!!! You can either request that the court appoint someone else because you are not happy with who you have, or you can at any time fire the appointed attorney. That is your choice. You can then hire your own attorney at regular outside rates. Your result might be the same or better, but at least you will be free to make the choice. You can request the court to delay proceedings until you have sorted out your attorney issue, but be careful that you do not act unreasonably. These proceedings are intended to take place over a fairly rigid time schedule. The best interests of the children are paramount. Good luck!

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Answered on 7/02/11, 1:18 pm


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