(11) In any other situations were representation is constitutionally required. (b) The public defender, after being satisfied of the person’s inability to procure sufficient funds to obtain legal counsel to represent him, shall provide such counsel. Every person who requests legal counsel shall sign an affidavit that he is unable to procure sufficient funds to obtain legal counsel to represent him and shall provide, under oath, such other information as may be required by the court, the public defender, or the Pennsylvania Rules of Criminal Procedure. 16 P.S. § 9960.6. The Public Defender argued that its appointment as counsel conflicts with this Court’s decision in Dauphin County Public Defender’s Office v. Court of Common Pleas of Dauphin County, 578 Pa. 59, 849 A.2d 1145 (2004) (<HOLDING>). While acknowledging that it was not directly
holding that the county attorney had de facto authority and noting that the objection to the county attorneys authority was first made on appeal recognizing the transfer of jurisdiction to the commonwealth court of those classes of cases previously heard by the court of common pleas of dauphin county as the court wherein the seat of state government is located recognizing the court of common pleas of dauphin county as the predecessor to the commonwealth court holding in considering a writ of prohibition that the court of common pleas lacked authority to dictate to the county public defenders office criteria for representation of applicants seeking its services holding that the prohibition of section 35 article iii against the increase or diminution of compensation for public officers applied to the treasurer of calvert county and therefore even though the legislature retained the power to alter or abolish the office it could not change the treasurers salary while in office