Is it possible to ask the judge for a new public defender? 5 Answers as of December 30, 2011

It is entirely at the judges discretion. He is not obligated to give you another attorney. However if you can show the judge that your attorney is not representing you effectively you can ask and he may give you another attorney but there has to be a good reason.

You can request a new public defender if you have a very good reason. You may get one that is even worse than the one you have now. Most people think their lawyer isn't doing anything and that it takes too long to handle a case but that may not be the problem. The real problem is often that the client is guilty and the prosecutor can prove it and therefore is not offering a good plea deal. If your attorney does not explain the case to you or give you a copy of the file after a request is made you can ask for a new attorney. You are much better off with a retained attorney who will have more time to answer your questions, visit you in jail, investigate the case, and try to get the best possible disposition. Write the lawyer a letter and tell him what you want him to do.

You have a right to the attorney of your choosing only if you are paying for them. Judges usually bend over backwards to defend the honor and reputation of the public defenders. Unless there is something completely outrageous, judges won't allow you to switch attorneys. Your opinion that they are not helping you enough is not going to be enough. You may also damage whatever relationship you have left with the public defender who is handling your case. I suggest that you meet with your public defender and tell them specifically what it is that you want done that you feel they are not doing. That might be better in the long run for you.

It is discretionary with the Judge. You need to have a good reason and it is better to ask early in the process because Judges tend to deny these requests if made on the eve of trial.

Yes, you can ask, but in NY you often are stuck with whomever you get as an appointed attorney. There must be some manner of conflict of interest in order to reassign the case to someone else.