Is there an irreconcilable difference between Page 12 appointed attorney and defendant counsel?

California, United States of America


The following excerpt is from People v. Shula, A146012 (Cal. App. 2018):

That Ashe acknowledged that his communication with defendant was "difficult" or that he "would not mind" being relieved as counsel does not suffice to establish an irreconcilable difference. "The mere ' "lack of trust in, or inability to get along with," ' counsel is not sufficient grounds for substitution." (People v. Taylor, supra, 48 Cal.4th at p. 600.) "If a defendant's claimed lack of trust in, or inability to get along with, an

Page 12

appointed attorney were sufficient to compel appointment of substitute counsel, defendants effectively would have a veto power over any appointment, and by a process of elimination could obtain appointment of their preferred attorneys, which is certainly not the law. [Citations.]" (People v. Jones (2003) 29 Cal.4th 1229, 1246.)

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