Does a defendant have to show he is diligent in hiring a retained attorney to fund his defense?

The jury panel was waiting in the courthouse; the court, appointed counsel, and the prosecution were ready to proceed. Without having a retained attorney ready, like in Courts, or even giving the court an indication he could fund his defense rather than just make a "down payment," defendant failed to show he had been diligent in hiring private counsel. Moreover, because defendant had no relationship with private counsel to protect, the state's interest in moving forward with the case was not diminished as it was in Courts. (People v. Courts, supra, 37 Cal.3d at p. 794.) Thus, contrary to defendant's argument, there was no requirement for the court to find the delay would have "significantly inconvenienced the court or the parties" in order to deny his request.

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