Legal Question in Constitutional Law in Washington

judge wouldn;t allow me to fire my court appointed attorney

can a judge stop you from firing an incompetent court appointed attorney?


Asked on 6/03/07, 9:39 am

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: judge wouldn;t allow me to fire my court appointed attorney

Generally, no. But it depends on the facts and circumstances.

You can appeal the judge's decision to the Court of Appeals.

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Answered on 6/03/07, 1:28 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: judge wouldn;t allow me to fire my court appointed attorney

That's a tricky question and a good one. It can be difficult to get a new free attorney on your case. For one, the judge likely doesn't believe the attorney is incompetent. In most circumstances, the attorney works in front of that judge all the time. And it can be quite difficult, under the existing law, to show that the attorney is incompetent.

The correct answer here is to make a motion to reconsider. Go back in front of the same judge. Ask again for a new attorney. The easier reason for getting a new attorney is that you cannot communicate with this attorney. That there is an irretrivable breakdown in communication. You just can't talk to, do not trust, will not speak further with, this attorney. That should get you a new lawyer. Needless to say, you can't say this if it isn't true but I suspect, if your attorney is as incompetent as you say, that it is true.

The problem with waiting to appeal is that you have to wait, months or even years, and in the meantime you've incarcerated.

Contact me directly if you'd like further assistance.

At your service,

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Answered on 6/03/07, 2:03 pm


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