QUESTION

Can you fire a court appointed attorney and them assign you to another one?

Asked on May 21st, 2012 on Criminal Law - Kentucky
More details to this question:
My boyfriend was arrested about a month ago and his bail hasnt been changed. We can ever get ahold of his attorney and even when we do he doesnt seem to care or take care of any issues we have. My boyfriends case was sent up to the circuit court and he is going to be put on trial. He was wondering if he is going to recieve a new one anyway but if not if he can fire the one he has?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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The Sixth Amendment guarantees the right to effective assistance of counsel. More than 50 years ago, the United States Supreme Court ruled that if a state wants to take away a person's liberty, it must provide an attorney to those who are indigent and lack sufficient funds to retain counsel. Usually, the same appointed counsel continuously represents the defendant from the initial court appearance through trial, sentencing, or dismissal. Minimum national standards require this for the protection of the defendant's rights. I doubt your boyfriend will be appointed different counsel after being bound over to the Circuit Court. While indigent defendants are entitled to have counsel appointed for them, they are not entitled to the appointment of a particular attorney, Requests for a different attorney may be granted in the court's discretion, if adequate reasons are provided. In Kentucky, where you are from, in order to have a different lawyer appointed, your boyfriend will have to show good cause. Good cause has been described as: (1) a complete breakdown of communications between counsel and defendant (2) a conflict of interest due to the lawyer's current or prior representation of another client ; or (3) that the defendant's legitimate interests are being prejudiced by his current lawyer. If your boyfriend decides to ask the Court to discharge his appointed counsel and appoint new counsel, his request should contain the specific reasons for his dissatisfaction. For example, all counsel, including appointed counsel, have an obligation to spend sufficient time interviewing and counseling clients; seeking pretrial release of jailed clients; conducting necessary investigation; obtaining and reviewing discovery from the prosecution and filing appropriate motions; undertaking adequate legal research; and preparing for and conducting pre-trial hearings, trials and where applicable, sentencing hearings. If your boyfriend timely makes a request for different counsel, with detailed information as the reasons for his dissatisfaction, the Court has a responsibility to consider his complaints. It may ask his lawyer to respond. It may hold a hearing. Ultimately, the decision is up to the judge. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998  
Answered on May 22nd, 2012 at 3:27 AM

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