Does a loss of confidence in the counsel of a defendant compel the trial court to appoint a substitute counsel?

California, United States of America


The following excerpt is from People v. Foster, C075946 (Cal. App. 2015):

Furthermore, there was no abuse of discretion in the trial court's implied finding that defendant's loss of confidence in defense counsel did not necessitate the appointment of substitute counsel. "Defendant's mere allegation that he did not trust his defense attorney, without more, was insufficient to compel the trial court to replace him. 'If a defendant's claimed lack of trust in, or inability to get along with, an appointed attorney were sufficient to compel appointment of substitute counsel, defendants effectively would have a veto power over any appointment, and by a process of elimination could obtain appointment of their preferred attorneys, which is certainly not the law.' [Citation.]" (People v. Abilez (2007) 41 Cal.4th 472, 489.)

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