Can a judge order the removal of a lawyer who has been found to be incompetent?

California, United States of America


The following excerpt is from Maxwell v. Superior Court, 180 Cal.Rptr. 177, 30 Cal.3d 606, 639 P.2d 248 (Cal. 1982):

Despite that concern with "significant prejudice" this court has stressed that the judge's finding of potential incompetence or conflict usually does not justify court-ordered removal. Smith v. Superior Court (1968) 68 Cal.2d 547, 68 Cal.Rptr. 1, 440 P.2d 65 concluded that a trial court could not, over defendant's objection, recuse his lawyer even where the judge from preliminary observation had become convinced of the lawyer's incompetence. Speaking for a unanimous court Justice Mosk said that to protect the right to counsel "the judge must be on his guard neither to infringe upon the defendant's right to counsel of his choice, nor to compromise the independence of the bar...." (p. 559, 68 Cal.Rptr. 1, 440 P.2d 65.)

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