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

California, United States of America


The following excerpt is from People v. Jeffers, 188 Cal.App.3d 840, 233 Cal.Rptr. 692 (Cal. App. 1987):

The trial court must "... 'make all reasonable efforts to ensure that a defendant financially able to retain an attorney of his own choosing can be represented by that attorney.' [Citation.] To this end, 'the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best, using any legitimate means within his resources....' [Citation.]" (People v. Courts, supra, 37 Cal.3d at p. 790, 210 Cal.Rptr. 193, 693 P.2d 778.) The right to counsel of one's own choosing "... 'can constitutionally be forced to yield only when it will result in significant prejudice [188 Cal.App.3d 850] to the defendant himself or in a disruption of the orderly processes of justice unreasonable under the circumstances of the particular case.' [Citations.] The right to such counsel 'must be carefully weighed against other values of substantial importance, such as that seeking to ensure orderly and expeditious judicial administration, with a view toward an accommodation reasonable under the facts of the particular case.' [Citation.]" (Ibid.)

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