- “A defender who fears losing their job if they take up controversial causes cannot adequately fight for their office or for their clients.” – The California Public Defenders Association
By Vanguard Staff
SACRAMENTO – A bill that would limit the authority of county boards of supervisors to remove appointed Chief Public Defenders at will has passed the Legislature and now heads to Governor Gavin Newsom.
SB 485, authored by Assemblymember Eloise Reyes, establishes new protections to ensure that Chief Public Defenders cannot be removed from their posts without cause. Under the bill, a county board of supervisors would need a three-fifths vote to remove a Chief Public Defender, and only for reasons such as neglect of duty, malfeasance, misconduct, or other good cause.
Public defenders play a central role in upholding the constitutional guarantee that all people, regardless of financial status, have access to competent legal counsel and a fair trial. But in most California counties, Chief Public Defenders serve at the will of their boards of supervisors, leaving them vulnerable to political retaliation when their work conflicts with local officials’ preferences.
In a fact sheet for the bill, supporters pointed to the 2020 case in Montgomery County, Pennsylvania, when Chief Public Defender Dean Beer and Deputy Chief Keisha Hudson were fired after filing an amicus brief challenging bail-setting practices. Despite objections from nearly 30 members of the public defender’s office, the county board terminated both lawyers in what was widely viewed as retaliation.
Advocates for SB 485 say such cases highlight the risks faced by defenders who take unpopular but legally necessary positions.
Reyes argued that Chief Public Defenders must be able to carry out their constitutional responsibilities without fear of being removed from their jobs for political reasons.
“Chief Public Defenders play a crucial role in ensuring a fair and equitable justice system,” she said. “When a public defender fulfills this duty to their clients, it may mean taking unpopular stances which can include positions that, although legal, come into conflict with their appointing board. This creates a challenging environment as public defenders can be fired without cause by a county board of supervisors, creating a disincentive to fulfill their duties out of fear of retaliation, and in turn not offering their clients their constitutionally guaranteed rights.”
The California Public Defenders Association, which sponsored the bill, argued that the reform mirrors protections already in place for county counsels, who since 1959 have only been subject to removal for cause. They also noted that a defender “who fears losing their job if they take up controversial causes cannot adequately fight for their office or for their clients.”
Support for the bill came from groups including ACLU California Action, the Ella Baker Center for Human Rights, Initiate Justice, Local 148 of the LA County Public Defenders Union, Oakland Privacy, and Smart Justice California. Opponents included the California State Association of Counties, the County of Riverside, the Rural County Representatives of California, and the Urban Counties of California, who argued that the bill reduces local control.
SB 485 passed both chambers with comfortable margins, including a 36-0 vote on the Senate floor and a 46-9 vote in the Assembly. The measure also includes language clarifying that it does not exempt public defenders from counties’ regular performance evaluation processes for appointed department heads.
According to the Assembly Appropriations Committee, the bill could create local costs of more than $150,000 statewide for administrative changes, though these costs may be reimbursable by the state.
If signed by the governor, SB 485 would mark a significant reform for California’s public defense system, strengthening protections for appointed Chief Public Defenders and, according to advocates, ensuring that the constitutional right to counsel is safeguarded against political interference.
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