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Requesting a Specific Court Appointed Attorney
Anonymous4 views3 answers
I am wondering if you have the right to Ask for a Specific Attorney to be appointed by the court on a Felony Charge and not just the one they feel they need you to have, And the attorney is on the list of Court Appointed Attorneys, Reason i ask is that because our son was recently incarcerated on a Community Control Violation and was appointed a Attorney, and ask the Court on 2 Occasions for a Specific Attorney to represent him and they denied 1st time in Court Saying they need to follow down the list, I then filed a letter with the court asking for a change of Representation and again asked for this Specific Attorney and they over looked him again and appointed someone different then who we asked for, Is This allowed, If not what should i do? Thanks In Advance for any Advise
Generally speaking there is no way to enforce this. As long as the court is following its protocol, Def. is getting due process and equal protection. There are values on both sides of this question. It might help your son if he can articulate a reason. About a million years ago, when I was a public defender, I would run into this occasionally. If some asked for me just because they thought I might be the best choice, they would be denied. If they asked for me because I had represented them in the past and knew their dynamics and special needs they had a shot. I remember on situation where a Def. asked for and reasoned that I was best suited to defend his burglary charge because I had defended a previous burglary charge in the same warehouse and knew the layout. Even though I had never seen this Def. in my life, the judge went along with his request. The point of all this is that there has to a REASON...related to the CASE or the CLIENT. You have an additional problem now. Since you didn't give a case or client-related reason for the change, it just looks like you're lawyer-shopping (this may be because you're lawyer-shopping). Courts generally feel like lawyer-shopping is a good thing when you're doing it with your own money. Not with court time and money. It could be this hand has already been played out too far but, if your son wants, try a writing (from him, not you.) with a reason relating back to the case or client.
Mark M. MikhaielCommercial Real Estate AttorneyWarren, OH ·
The right to counsel encompasses the right to be assisted by a reasonably competent attorney and is presumed. The right to effective counsel extends to the defendant’s first appeal. Under the Constitution, one doesn't have a choice in the court-appointed attorney.