Does the court have any authority to substitute retained counsel for a defendant's own counsel?

California, United States of America


The following excerpt is from People v. Labriola, E066868 (Cal. App. 2018):

courts, summoning 80 jurors, private citizens to be out in the hallway, and being sworn, and then ask for a continuance and a substitution?" Moreover, defendant did not express any dissatisfaction with his appointed counsel and his sudden request to substitute retained counsel appeared arbitrary. Contrary to defendant's argument, the record indicates the court balanced defendant's right to counsel of his choice with the state's interest in efficient judicial administration.7 (See People v. Keshishian (2008) 162 Cal.App.4th 425, 428 [fair opportunity to secure counsel of choice is necessarily limited by the countervailing state interest in proceeding with prosecutions on an orderly and expeditious basis, " ' "taking into account the practical difficulties of 'assembling the witnesses, lawyers, and jurors at the same place at the same time' " ' "].)

Other Questions


Does a loss of confidence in the counsel of a defendant compel the trial court to appoint a substitute counsel? (California, United States of America)
How have courts treated substitute counsel in a motion to substitute counsel? (California, United States of America)
Is a defendant deprived of his constitutional right to effective assistance of counsel when a trial court denies his motion to substitute one appointed counsel for another? (California, United States of America)
When a defendant makes a motion for a new trial alleging inadequacy of counsel, does the court have to appoint a new counsel? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
How has the court dealt with a motion to substitute counsel for a defendant in a criminal case? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Can a court's frustration and irritation at counsel's repeated efforts to violate evidentiary rules be viewed as "friction between court and counsel"? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.