Public Defender: New and Updated Policies

On October 31, 2024, UPE met and conferred with the Public Defender’s office about a number of policies being codified into a policy manual.  Many were already in practice and covered a variety of topics - confidentiality, social media use, document destruction, dress policy, attendance, and assignments - but had not been put into writing until now.  Most policies impact the attorneys, but a few impact our 005 and 008 members who work there:

• Dress Code: “shall wear attire…that promotes a positive and professional image of the office” will be interpreted and enforced loosely.

• Outside Employment: approval for non-compensated outside activities is no longer required, except if there is a conflict of interest.

• Calls & Communications: calls and emails from clients, their family members, and witnesses must be returned “promptly.”

  
  

One policy of note attempts to reconcile the conflict between the attorney-client privilege and the social worker’s duty to report child abuse and neglect.  The Public Defender’s position is that the attorney-client privilege supersedes the duty to report in this setting. Social workers who work for the Public Defender are members of the legal defense team, not acting independently as the client’s Social Worker. Management recognizes that ethical dilemmas may arise.  Social workers are encouraged to seek the counsel of the lead attorney assigned to the case.  If this does not resolve the ethical dilemma, County Counsel is available to advise on such ethical matters.

A special thank you to the UPE subject matter experts, David Waksman and Kaitlin Reed, along with Board members Sylvia Garcia and Stephanie McCall, for lending their expertise and making this meet and confer a success. 

 

TOGETHER WE ARE STRONG!