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Defendant’s Request to Remo
Although a defendant does not have the right to appointed counsel of his or her choice, the court must engage in an adequate inquiry into a defendant’s request for the replacement of appointed counsel. The court must appoint different counsel if continued representation by original counsel would result in ineffective assistance of counsel, involve a conflict of interest, or otherwise violate the defendant’s Sixth Amendment right to counsel. State v. Glenn, 221 N.C. App. 143 (2012) (general dissatisfaction or disagreement over trial tactics insufficient basis to appoint new counsel); State v. Hutchins, 303 N.C. 321, 335 (1981) (“In the absence of any substantial reason for the appointment of replacement counsel, an indigent defendant must accept counsel appointed by the court, unless he wishes to present his own defense.”); see also State v. Williams, 363 N.C. 689 (2009) (defendant only expressed uncertainty to trial judge about why attorney who had previously withdrawn from case had been reappointed and did not make request for substitute counsel; trial judge therefore was not required to hold hearing on removal).
Defense Counsel Request to Withdraw
Possible grounds for a defense attorney’s request to withdraw are many and varied, and are not reviewed here. See, e.g., G.S. 15A-144 (counsel may move to withdraw for good cause). Ordinarily, it will be sufficient if defense counsel indicates to the court the general basis for moving to withdraw, and it is for grounds other than to cause undue delay in the proceedings. A trial court may hold an in camera hearing if necessary to inquire further. See Holloway v. Arkansas, 435 U.S. 475, 487 & n.11 (1978); State v. Yelton, 87 N.C. App. 554, 557 (1987).
Removal by the Court for Cause
In limited circumstances—for example, because of a significant conflict of interest—a court may remove retained or appointed counsel even over the client’s objection. See Wheat v. United States, 486 U.S. 153 (1988) (court may override waiver of conflict of interest and replace counsel preferred by defendant); State v. Rogers, 219 N.C. App. 296 (2012) (court could remove defendant’s retained counsel based on serious potential for conflict of interest even if conflict never materialized).
Removal at the Request of the Prosecutor
A prosecutor may also move to disqualify counsel for the defense if there are legitimate grounds for the motion. See State v. Yelton, 87 N.C. App. 554, 556–57 (1987) (state filed motion alleging conflict of interest where one attorney represented two co-defendants – court held that “in effect, the State merely brings the conflict issue to the court's attention” and although such issues are usually raised by the defendant, “there is no reason why the State may not also raise the question before trial”).
It is intended that convictions over 10 years old will be admitted very rarely and only in exceptional circumstances. The rules provide that the decision be supported by specific facts and circumstances thus requiring the court to make specific findings on the record as to the particular facts and circumstances it has considered in determining that the probative value of the conviction substantially outweighs its prejudicial impact. It is expected that, in fairness, the court will give the party against whom the conviction is introduced a full and adequate opportunity to contest its admission.
rEvidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.
(c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible if:
(1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or
(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
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