Does the trial court retain authority to discharge a public defender even after the attorney has been dismissed from the case?

California, United States of America


The following excerpt is from Fletcher v. Bantan, NO.B222418, Super. Ct. No. TCO21669 (Cal. App. 2011):

Appellate courts have also held that, under section 128, the trial court retains authority over an attorney even after he or she has been dismissed from a case. In Ligda v. Superior Court (1970) 5 Cal.App.3d 811, an indigent defendant moved to discharge his public defender and represent himself at trial. The trial court granted the request, but ordered the public defender to attend the trial and provide assistance to the defendant if it became necessary to do so. The public defender appealed, arguing that the court exceeded its jurisdiction by entering such an order after the attorney had been dismissed from the case. The appellate court rejected the argument, concluding that, under section 128, the trial court did not lose authority over the public defender the moment he was relieved from the case. The court explained that because the public defender had initially served as the attorney of record, he was connected to the proceedings, and the trial court therefore had authority to order him to "'assist' the defendant...." (Id. at pp. 825-826.)

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