Q Who has the authority and responsibility to contract with and appoint a new attorney to act as public defender, the judge or the board of supervisors?

A Two separate methods exist under state law for the appointment of counsel for indigent defendants. One is through a court appointment of legal counsel pursuant to Section 99-15-15. The other is through the creation of a formal Office of Public Defender, under Sections 25-31-1 et seq. Under both methods, the judge is granted authority over selection of the appointed counsel. (Attorney General’s Opinion to McWilliams, February 1, 2019)