State v. High

533 A.2d 1217, 12 Conn. App. 685, 1987 Conn. App. LEXIS 1130
CourtConnecticut Appellate Court
DecidedDecember 8, 1987
Docket5051
StatusPublished
Cited by12 cases

This text of 533 A.2d 1217 (State v. High) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. High, 533 A.2d 1217, 12 Conn. App. 685, 1987 Conn. App. LEXIS 1130 (Colo. Ct. App. 1987).

Opinion

O’Connell, J.

This is an appeal by the defendant from a judgment of conviction of the crime of attempt to commit larceny in the second degree in violation of General Statutes §§ 53a-123 (a) (3) and 53a-49. The issues presented on appeal are whether the trial court erred (1) in failing to inquire into the defendant’s and defense counsel's claims of breakdown of the attorney-[686]*686client relationship, and (2) in denying defense counsel’s request that new counsel be appointed in her place. We find no error.

The facts are not in dispute. The defendant was charged with attempt to commit larceny in the second degree and was represented by an assistant public defender. At the commencement of trial the defendant orally complained that he had not had sufficient contact with his attorney during the pendency of the case. 1 He also complained of being brought to the courthouse [687]*687on numerous occasions without being brought before the judge. The defendant did not, however, ask that alternate counsel be appointed. The court addressed the defendant’s concerns and explained the limitations placed upon public defenders by their heavy caseloads. The defendant was instructed to discuss his concerns further with his attorney and was advised that he could get a new lawyer only if he retained private counsel.2 Following a recess, the trial resumed, at which time the assistant public defender orally moved that alternate counsel be appointed to represent the defendant, on the basis of the defendant’s earlier complaint and on counsel’s own representation of a breakdown in the attorney-client relationship. After a brief colloquy, the court denied the motion.3 The trial continued, and the defendant was found guilty.

[688]*688I

The defendant first claims error in the trial court’s failure to inquire into the substance of the complaint that the attorney-client relationship had broken down.

The controlling precedent in this state regarding sixth amendment violations based upon a trial court’s refusal to grant a defendant’s request for substitute counsel is State v. Drakeford, 202 Conn. 75, 519 A.2d 1194 (1987). In that case, the defendant asked the court to appoint a public defender after a disagreement arose between the defendant and his privately retained counsel. Despite the vehement protests of the defendant, his request was denied. The defendant in Drakeford made claims, inter alia, identical to those put forth by this defendant; namely, that the trial court erred in failing to inquire into the defendant’s request for new counsel and in failing to appoint alternate counsel. Id., 82. The Drakeford court found no error, holding that the trial court did not, under the circumstances, abuse its discretion in denying the defendant’s motion. Id., 84.

With regard to the failure of the trial court to inquire into the underlying reasons behind a request for alternate counsel, the court stated in Drakeford that “a trial judge’s failure to inquire into the defendant’s request for new counsel where the defendant has already made known the reasons for his request is not error. McKee v. [689]*689Harris, [649 F.2d 927, 933 (2d Cir. 1981), cert. denied, 456 U.S. 917, 102 S. Ct. 1773, 72 L. Ed. 2d 177 (1982)] . . . .” Id., 82. “ ‘[W]hen, for the first time, an accused makes known to the court in some way that he has a complaint about his counsel, the court must rule on the matter. If the reasons are made known to the court, the court may rule without more. If no reasons are stated, the court then has a duty to inquire into the basis for the client’s objection to counsel and should withhold a ruling until reasons are made known.’ ” McKee v. Harris, supra, 934, quoting Brown v. United States, 264 F.2d 363, 369 (D.C. Cir.) (Burger, J., concurring), cert. denied, 360 U.S. 911, 79 S. Ct. 1299, 3 L. Ed. 2d 1262 (1959).

In the present case, the reasons for the defendant’s dissatisfaction were known to the court. The transcript discloses that the defendant was given not only an opportunity to place the reasons for his complaint before the court, but also an opportunity to articulate the facts underlying his dissatisfaction.4 In addition, because the public defender cited no additional rationale as a basis for her motion for alternate counsel, but merely stated that her motion was “based upon” the defendant’s earlier request, it is difficult to imagine that additional grounds for dissatisfaction would have been gleaned by the court through a more probing inquiry. In this case the reasons for the defendant’s complaint were sufficiently stated on the record. No further inquiry by the trial court was necessary.

II

The defendant’s second claim of error concerns the trial court’s failure to appoint alternate counsel. Given the circumstances of this case we find no fault with the trial court’s action.

[690]*690There can be no dispute that a criminal defendant has a constitutional right to the effective assistance of counsel. McMann v. Richardson, 397 U.S. 759, 771 n.14, 90 S. Ct. 1441, 25 L. Ed. 2d 763 (1970); Levine v. Manson, 195 Conn. 636, 639, 490 A.2d 82 (1985); that right, however, is not without limitation. For example, the right to counsel does not include the “ ‘unbridled right to discharge counsel on the eve of trial. . . . ’ ” (Emphasis in original.) State v. Drakeford, supra, 83, quoting United States v. Grow, 394 F.2d 182, 209 (4th Cir.), cert. denied, 393 U.S. 840, 89 S. Ct. 118, 21 L. Ed. 2d 111 (1968). This limitation applies to both private counsel retained by an individual defendant as well as court appointed counsel. See State v. Gathers, 193 Conn. 526, 543, 480 A.2d 435 (1984) and cases cited therein. Furthermore, it is clear that the right to effective assistance of counsel does not include an “unlimited opportunity to obtain alternate counsel.” State v. Watson, 198 Conn. 598, 610, 504 A.2d 497 (1986). Inherent in these limitations is a concern for unwarranted interruptions in the administration of justice. “While courts must be assiduous in their defense of an accused’s right to counsel, that right may not be ‘manipulated so as to obstruct the orderly procedure in the courts or to interfere with the fair administration of justice.’ ” United States v. Calabro, 467 F.2d 973, 986 (2d Cir. 1972), quoting United States v. Bentvena, 319 F.2d 916, 936 (2d Cir.), cert. denied sub nom. Ormento v.

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Bluebook (online)
533 A.2d 1217, 12 Conn. App. 685, 1987 Conn. App. LEXIS 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-high-connappct-1987.