Legal Question in Criminal Law in California

can a judge deny a person the right to change of publib defender


Asked on 1/06/10, 11:59 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes. A defendant who cannot afford to hire his own attorney has the right to appointed counsel, but is not entitled to choose which appointed attorney.

The defendant can make what is known as a Marsden motion. The best way is usually to inform the Public Defender that he or she wishes to do so. The judge will then clear the courtroom, except for the defendant, his attorney and necessary courtroom staff.

The judge then asks the defendant why he or she wants a different attorney, and the lawyer gets a chance to respond. Unless the defendant can list specific reasons why the attorney's performance is inadequate, or there is a complete breakdown in communication, the judge will not appoint a different lawyer.

Just saying you don't like your attorney is not a good reason to change, and the judge will deny the request.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/11/10, 12:31 pm


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