Ronquillo v. Colorado

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Several days before trial, Jesus Ronquillo decided he’d had enough of the lawyer he’d hired to defend him. Counsel asked to withdraw, noting that he had been fired, and that he and Ronquillo had suffered a complete breakdown in communication. The trial court denied counsel’s motion to withdraw, reasoning that it was too late in the game for counsel to exit the case because of non-payment, particularly in a case involving out-of-state witnesses. Therefore, the judge told Ronquillo he could go to trial as scheduled with retained counsel, or he could represent himself. Ronquillo chose the court’s first option, and a jury convicted him as charged. Ronquillo appealed. A division of the court of appeals concluded that the trial court erred by focusing on the non-payment issue and by not addressing the alleged breakdown in communication. To obtain substitute counsel in this retained-to-appointed scenario, it held, the defendant had to show good cause. So, the division remanded the case to the trial court to expressly address that issue. The question for the Colorado Supreme Court’s resolution was whether on facts such as those in this case, a defendant must show good cause to fire retained counsel. The Court held that the Sixth Amendment right to hire counsel of choice includes the right to fire that counsel without showing good cause, even when a defendant seeks court-appointed counsel as a replacement. “But while a defendant may fire retained counsel for any reason, he may be limited in his options going forward in ways he does not appreciate. Thus, before granting defendant’s request to release retained counsel, a trial court must ensure that the defendant understands the consequences of doing so.” View "Ronquillo v. Colorado" on Justia Law