Toward a More Robust Right to Counsel of Choice
Hoeffel, Janet C.
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- 2015State v. McKinley Iowa
- 2008State v. Peterson Wis. Ct. App.
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Abstract
This Article takes its lead from the core principles of the right to counsel of choice expressed in Gonzalez-Lopez. These principles indicate that the right should include an indigent defendant's right to continue an attorney-client relationship established at some point in the past, and that, for both nonindigent and indigent defendants, the right to continue a trial with counsel of choice must be honored by trial courts unless it would be unethical or manifestly unjust to do so. This means that trial courts must almost always grant a continuance to accommodate that choice and could rarely deny such a request for reasons of administrative convenience or docket control.