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 § 11 of Article VI of the California Constitution and subdivision (b) of § 1239 of the Penal Code.

Terms Used In California Government Code 15421

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

(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 § 11 of Article VI of the California Constitution and subdivision (b) of § 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.

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

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