(1973)

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County

You request my opinion whether the power to appoint counsel for an indigent defendant, vested by sec. 970.02 (6), Stats., in the judge of the court in which an indigent defendant is to be tried, can be transferred without the consent of such judge to a non-stock, non-profit corporation operating as a public defender's office absent specific legislation granting such authority.

I am of the opinion that it cannot be so transferred. I am of the further opinion that under present statutes any public defender's plan must have the approval of…