Lozano v. Circuit Court of Sixth Judicial DistrictAnnotate this Case
The Supreme Court reversed the judgment of the Circuit Court of the Sixth Judicial District holding State Public Defender Diane Lozano in contempt, holding that the circuit court erred in ruling that the public defender must accept all appointments to serve as counsel for indigent defendants unless and until the appointing court rules otherwise.
In May 2019, Lozano notified the circuit court that the public defender was unavailable to take appointments to represent misdemeanor defendants due to a heavy caseload and shortage of attorneys in its Campbell County office. The circuit court subsequently entered orders appointing Lozano or her representative to represent misdemeanor defendants in two cases. The local public defender's office declined the appointments. Thereafter, the court held Lozano in contempt. The Supreme Court reversed, holding (1) section 105(b) of the Public Defender Act affords the public defender discretion to decline an appointment or appointments; (2) the circuit court's order mandating that the public defender accept the two misdemeanor appointments was not lawful because it disregarded the public defender's determination that no public defender was available; and (3) because there was no lawful order, the circuit court erred in finding Lozano in contempt.