DueProcess ClassAction
Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?
QUESTION PRESENTED The Sixth Amendment guarantees criminal defendants the right “to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even though he is without funds.” Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624-25 (1989). Mr. Torres is indigent, so his lead counsel at trial was appointed by the court. A second attorney entered her appearance as co-counsel without being appointed by the court. The trial court disqualified that second attorney over Mr. Torres’ objection that doing so would violate his right to be represented by his counsel of choice. The Illinois Appellate Court held that Mr. Torres’ constitutional right to representation by counsel of choice did not apply to co-counsel. The Question Presented, upon which the federal circuits and state courts of last resort are divided, is: Does the Sixth Amendment right to choose one’s attorney apply to private and pro bono co-counsel?