§ 14.10. Public defender—Qualifications; selection; term; duties.

There shall be a public defender for the metropolitan government who shall be elected by the voters at the regular August election in 1966 and who shall hold office for a term of four (4) years, commencing September 1, 1966, and until his or her successor shall be duly elected and qualified. The public defender shall be a person licensed to practice law in Tennessee and he or she shall be at the time of his or her election or appointment, and shall continue to be during the term of office, a resident of the area of the metropolitan government. The public defender shall not engage in private practice of criminal law during his or her term, but he or she may conclude all matters pending when elected or appointed. A vacancy in the office of public defender shall be filled by the metropolitan council until the next general August election, when successor shall be elected by the voters to fill the unexpired term or the ensuing term as may be the case.

Upon request by the defendant, or upon order of the court, it shall be the duty of the public defender to defend, without expense, and to represent generally all persons who are determined by the court or the public defender to be without means to employ counsel and who have been indicted by the grand jury or charged with the commission of any crime. The public defender shall also, upon request, give counsel and advice to such person, in and about any charge against them upon which he or she is conducting the defense. The public defender shall prosecute all appeals to a higher court on behalf of any person financially unable to employ counsel who has been convicted upon such charge, where in his or her opinion there is error in the conviction had, and such appeal will or might reasonably be expected to, result in the reversal or modification of the judgment or conviction. The public defender shall perform such other duties as may be assigned by ordinance.

(Amended by referendum election of November 6, 2018, Amdt. 6)