In what circumstances will a defendant be denied effective assistance of counsel where his attorney is suspended for nonpayment of his fees?

In Johnson v. State (1979) 225 Kan. 458, 590 P.2d 1082, appellant argued that he was denied the effective assistance of counsel where his attorney was suspended for nonpayment of fees at the time of trial. The [177 Cal.App.3d 931] court distinguished this situation from one in which a layman masquerades as an attorney. The court emphasized that the payment itself has nothing to do with the legal ability of the attorney. The court held that in each instance we must examine the actual representation afforded the accused. Appellant therein did not challenge the adequacy of his attorney's performance at trial. The court concluded that since it was undisputed that appellant's representation by his counsel was adequate and effective, he was not denied his constitutional

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