What is the test for appointing a new attorney?

California, United States of America


The following excerpt is from People v. Rices, 226 Cal.Rptr.3d 118, 4 Cal.5th 49, 406 P.3d 788 (Cal. 2017):

court must permit him or her to explain the basis of [the] contention and to relate specific instances of inadequate performance. The court must appoint a new attorney if the record clearly shows the current attorney is not providing adequate representation or that the defendant and counsel have such an irreconcilable conflict that ineffective representation is likely to result. [Citations.] If the court holds an adequate hearing, its ruling is reviewed for abuse of discretion." ( People v. Rodriguez (2014) 58 Cal.4th 587, 623, 168 Cal.Rptr.3d 380, 319 P.3d 151.)

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