Self-Representation and Ineffective Assistance of Counsel: How Trial Judges Can Find Their Way Thro

This article is about how judges deal with requests from defendants who want to represent themselves in court or claim that their court-appointed lawyer was not effective. It can be a confusing issue for judges because the rules are complex and sometimes unclear. One judge tried to help by giving a basic outline to follow, but then the same court changed its mind less than a year later. This article is meant to help judges understand and handle these issues when defendants bring them up in court. If a defendant complains about their court-appointed lawyer, the judge will investigate to see if the lawyer has actually been ineffective. This involves talking to the defendant and the lawyer to understand the situation. The judge will look at whether the lawyer did something that was below the standard of a competent lawyer. If the only complaint is that the lawyer hasn’t visited the defendant enough, the judge might not investigate further. Sometimes, the complaints are just because the defendant and lawyer don’t get along, but this doesn’t automatically mean the lawyer is ineffective. If the judge decides the lawyer is ineffective, they will appoint a new lawyer to take over the case. If a defendant is unhappy with their court-appointed attorney, they can request to represent themselves in court. However, the judge will first make sure the defendant understands the consequences of this decision. It’s important for the judge to give this advice whenever a defendant complains about their lawyer. It’s also best for the judge to be cautious and ask the defendant if they want to represent themselves, even if the request comes at different times during the trial. A Faretta hearing is a process where a judge determines if a defendant can represent themselves in court. The judge considers the defendant’s age, education, mental condition, understanding of the case, and experience in the legal system. The judge also looks for any signs of coercion or mistreatment. It’s not about the defendant’s legal skills, but about whether they understand their choice. A rule in Florida might need to be clarified to match the requirements of a Faretta hearing, and a judge may need to use a specific set of questions when talking to a defendant who wants to represent themselves. If a defendant wants to represent themselves in court, the judge will ask them questions to make sure they understand what that means. If the judge thinks they understand, they can represent themselves. The judge should offer a lawyer’s help at each step of the case. If the judge thinks the defendant doesn’t understand, they will have a lawyer. Sometimes a defendant’s actions in court will make the judge think they want to represent themselves, even if they haven’t said so. In that case, the judge will ask them more questions. Sometimes a defendant will ask for a lawyer to help them while they represent themselves. The judge can say yes or no to this request. But if the defendant changes their mind later, they might not be allowed to represent themselves anymore. In court, a defendant has the right to represent themselves, even if a lawyer is appointed to help. They can make decisions about their defense, argue in court, question witnesses, and talk to the judge and jury. Sometimes a judge can appoint a lawyer to help, even if the defendant doesn’t want one. But the lawyer can’t interfere too much with the defendant’s decisions. The defendant can’t partly represent themselves and have a lawyer at the same time. It can be challenging for judges and prosecutors when a defendant represents themselves, but it’s their right under the law. But the judge can deny this right if the defendant’s decision may harm their trial or if they can’t handle their own defense properly. This column is from the Criminal Law Section, chaired by Claire K. Luten and edited by Randy E. Merrill. It aims to remind lawyers of their responsibilities to the public, improve the justice system, and advance legal knowledge.

Source: https://www.floridabar.org/the-florida-bar-journal/self-representation-and-ineffective-assistance-of-counsel-how-trial-judges-can-find-their-way-thro/