Can a public defender withdraw as counsel of record over the objection of a defendant?

California, United States of America

The following excerpt is from People v. Superior Court of L. A. Cnty., 238 Cal.Rptr.3d 14, 27 Cal.App.5th 36 (Cal. App. 2018):

Even if the public defender's office does not seek to withdraw as counsel, the trial court in limited circumstances may on its own motion remove appointed counsel if the attorney's excessive caseload prevents him or her from providing adequate representation. (See People v. Mungia (2008) 44 Cal.4th 1101, 1119-1125, 81 Cal.Rptr.3d 614, 189 P.3d 880 [trial court did not abuse its discretion in removing public defender as counsel of record over defendant's objection where deputy public defenders were unable to bring defendant's case to trial within a reasonable amount of time]; People v. Cole (2004) 33 Cal.4th 1158, 1187, 17 Cal.Rptr.3d 532, 95 P.3d 811 [same]; see also People v. Daniels (1991) 52 Cal.3d 815, 845-847, 277 Cal.Rptr. 122, 802 P.2d 906 [trial court properly removed appointed counsel over defendant's objection based on a conflict of interest where the prosecutor intended to call that attorney as a witness at trial].)

[27 Cal.App.5th 79]

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