What is the test for appointing a substitute counsel for a defendant on the basis of inadequate representation?
California, United States of America
The following excerpt is from People v. Moore, E057475 (Cal. App. 2014):
"When a defendant seeks to obtain a new court-appointed counsel on the basis of inadequate representation, the court must permit her to explain the basis of her 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 defendant and counsel have such an irreconcilable conflict that ineffective representation is likely to result. [Citations.]" (People v. Rodriguez (2014) 58 Cal.4th 587, 623.)
"[A] defendant is entitled to appointment of substitute counsel upon a proper showing posttrial . . . as well as pretrial." (People v. Smith (1993) 6 Cal.4th 684, 692.) "A defendant is entitled to competent representation at all times, including presentation of a new trial motion . . . . Thus, when a defendant satisfies the trial court that adequate grounds exist, substitute counsel should be appointed. Substitute counsel could then
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