Dismissing your public defender does not require much: just make a request to the court. But such issues as when you decide to fire your court-appointed attorney and who will step in to represent you can make this decision one of the biggest that you will make if you are facing criminal charges.

Request to the Court

Because a public defender is appointed by the court in most jurisdictions, you will have to request that the court dismiss your public defender. This will be handled in a formal hearing at which you can ask for a new public defender or say that you plan to hire a private-practice attorney. If your request is for another public defender you will not be able to interview prospective attorneys. The court will pick one for you. If you request a new public defender, the court may ask you why your previous public defender did not work for you and you will have to give a good reason. If she committed malpractice by not challenging the introduction of evidence that was seized in violation of your constitutional rights, then the court will probably grant your request for a new attorney. But if your reason for seeking a dismissal is that you didn't like her personality you will probably be stuck with her unless you want to hire a private-practice attorney.

Time is of the Essence

Dismissing any attorney is a move best made a long time before trial. Your new attorney will need time to review your case file and this cannot be done in most cases in just a few days before trial. If you ask the court to dismiss your public defender two days before a felony drug trial, the judge will probably deny your request.

Public Defender or Private Attorney

While the wealthy hire private-practice criminal defense attorneys, a public defender may be the best option for some defendants. When a public defender is replaced by a private-practice attorney, the new attorney should have significant expertise in the area of law that concerns the client. Kathy Swedlow, associate professor at Thomas M. Cooley Law School in Lansing, Michigan, has worked as an appellate defender in Pennsylvania argues that some public defenders do a better job than many private-practice attorneys because public defenders handle complex criminal matters on a daily basis. "Some private practice attorneys don't handle criminal matters all that often," Swedlow said. "When I was representing clients I handled ineffective assistance of counsel cases that resulted from representation by private practice attorneys."

Source:

Lawyers.com: Before You Fire Your Court-Appointed Lawyer