6.3.3 Assistance with Self-representation

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

6.3.3 Assistance with Self-Representation

Self-representation creates numerous difficulties. The trial may be complex,⁸⁰ and the defendant may be frustrated and become disruptive.⁸¹ To avoid such difficulties, some courts appoint lawyers to assist the pro se defendant.⁸² To be sure, a court may appoint, over a pro se defendant's objection, standby counsel to help the defendant and "to relieve the judge of the need to explain and enforce basic rules of courtroom protocol or to assist the defendant in overcoming routine obstacles that stand in the way of his achievement of his own clearly indicated goals."⁸³ Furthermore, unsolicited participation by standby counsel does not violate a defendant's Sixth Amendment right to present his own defense, as long as the defendant has actual control over the case and the jury has the perception that the defendant is representing himself.⁸⁴

In most trials, the defendant can either choose to represent herself or have the assistance of counsel. Few courts allow the defendant to handle some aspects of the case while the lawyer controls other parts of it.⁸⁵ As to appeals, the Supreme Court held that the appellate courts are not constitutionally required to allow self-representation.⁸⁶

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Notes:

^[80] . Even in capital cases some courts state they are bound by Faretta and must allow self-representation. See, e.g., People v. Clark, 789 P.2d 127 (Cal. 1990). But see State v. Russo, 530 A.2d 46, 50 (N.J. Super. Ct...