Can a court appoint a new counsel for the purpose of arguing that previous counsel was incompetent?

California, United States of America


The following excerpt is from People v. Smith, 25 Cal.Rptr.2d 122, 6 Cal.4th 684, 863 P.2d 192 (Cal. 1993):

Appointment of counsel for the purpose of arguing that previous counsel was incompetent, without an adequate showing by defendant, can have undesirable consequences. In People v. Makabali (1993) 14 Cal.App.4th 847, 18 Cal.Rptr.2d 72, the trial court appointed second counsel to investigate a possible motion to withdraw a guilty plea on the basis of ineffective assistance of counsel. New counsel did not make the motion. On appeal, appointed appellate counsel, i.e., the third attorney, claimed (unsuccessfully) that the second was incompetent for not claiming the first was incompetent. The spectacle of a series of attorneys appointed at public expense whose sole job, or at least a major portion of whose job, is to claim the previous attorney was, or previous attorneys were, incompetent discredits the legal profession

Page 130

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