1.24 - 10. Assigned Counsel For The Indigent

JurisdictionNew York

10. Assigned Counsel for the Indigent

A trial judge may not improvidently interfere with an established attorney-client relationship between an indigent defendant and his assigned lawyer. The issue is fact-specific. Few broad outlines exist. Neither assigned counsel, nor any litigant, should have ultimate control over a court’s calendar. Appellate courts profess no interest in micromanaging trial courts.

Likewise, courts should be hesitant in micromanaging the institutional providers of legal services. Furthermore, we expect trial courts to treat institutional indigent defense providers with the same courtesy and respect as they treat the District Attorney or noninstitutional attorneys. Although courts in certain circumstances have the discretion to substitute counsel, a judge simply cannot treat litigants and their counsel differently without a basis in reason or fact. To do so is the definition of caprice and arbitrariness. 77

A defendant is not to be treated as a mere spectator.78

The doctrine of harmless error is inapplicable to a violation of a defendant’s right to counsel of his own choosing. A guilty plea is not a waiver.79 Nor...

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