State v. Cottrell

JUSTICE FEW:

I concur in the result reached by the majority. I disagree, however, with two points in the majority’s analysis.

I. Removal of Attorneys

First, I disagree that a trial court has “discretion” to remove trial counsel over the defendant’s objection as an exercise of the court’s duty to ensure the defendant receives a fair trial. This Court has never before recognized such discretion, nor has any court of which I am aware. In each case cited by the majority to support its holding, the trial court made a specific factual finding that the attorney was legally disqualified due to a…