20250SB__048596ENR INTRODUCED 2025-02-19 AMENDED_SENATE 2025-04-07 AMENDED_ASSEMBLY 2025-09-04 PASSED_ASSEMBLY 2025-09-09 PASSED_SENATE 2025-09-11 ENROLLED 2025-09-16 2025 SB ENR Introduced by Senator Reyes LEAD_AUTHOR SENATE Reyes

An act to amend

Section of the Government Code, relating to local government. local government County public defender: appointment. Existing law authorizes the board of supervisors of a county to establish the office of public defender for the county. Existing law requires that a public defender of the county serve at the board of supervisors’ will if the public defender is to be appointed. This bill would instead only allow the board of supervisors to remove an appointed public defender from office by a 3 vote for neglect of duty, malfeasance or misconduct in office, or other good cause.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Government Code is amended to read: 27703. (

a) If the public defender of a county is to be appointed, they shall be appointed by the board of supervisors. The public defender of two or more counties shall be appointed by the boards of supervisors of those counties. (

b) A public defender appointed pursuant to subdivision (

a) may be removed from office by the board of supervisors by a three-fifths vote for neglect of duty, malfeasance or misconduct in office, or other good cause. (

c) It is the intent of the Legislature that this

section shall not be construed to exempt a public defender from a county’s established performance evaluation process for appointed department heads.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to

Part 7 (commencing with

Section 17500) of Division of Title of the Government Code.