Is a defendant's right to retain his own counsel an absolute right?

California, United States of America


The following excerpt is from People v. K.P. (In re K.P.), C082443 (Cal. App. 2017):

The right of a defendant to appear and defend with retained counsel of his own choice, however, is not absolute. (People v. Blake (1980) 105 Cal.App.3d 619, 623 (Blake).) "[A] defendant who desires to retain his own counsel is required to act with diligence and may not demand a continuance if he is unjustifiably dilatory or if he arbitrarily desires to substitute counsel at the time of the trial." (Id. at pp. 623-624.) The defendant's right " 'must be carefully weighed against other values of substantial importance, such as that seeking to ensure orderly and expeditious judicial administration, with a view toward an accommodation reasonable under the facts of the particular case.' " (Id. at p. 624.)

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