What is the test for a defendant's right to retain counsel of his own?

California, United States of America


The following excerpt is from Stevens v. Superior Court, 198 Cal.App.3d 932, 244 Cal.Rptr. 94 (Cal. App. 1988):

"The right to the effective assistance of counsel 'encompasses the right to retain counsel of one's own choosing.' Underlying this right is the premise that 'chosen representation is the preferred representation. Defendant's confidence in his lawyer is vital to his defense. His right to decide for himself who best can conduct the case must be respected wherever feasible.' " (People v. Courts (1985) 37 Cal.3d 784, 789, 210 Cal.Rptr. 193, 693 P.2d 778; citations omitted.) "[T]hough it is clear that a defendant has no absolute right to be represented by a particular attorney, still the courts should make all reasonable efforts to ensure that a defendant financially able to retain an attorney of his own

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