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6th Amendment Right To Counsel

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cranky

Junior Member
I am in Illinois. A judge ordered the public defenders office to appoint counsel in Dec 2004 to defend me against 4 misdemeanor charges. My first P.D. met me at my pre trial Feb. 8 for about 5 minutes. He quit without my knowledge. My second P.D. met me at the continued pre trial March 29. I spoke to him for about 5 minutes. He promptly asked and received leave to withdraw from the judge. Neither P.D. has done any work on the cases or were familiar with the cases. The judge ordered me to represent myself. I asked the states attorney if she was seeking jail time and she said she would not make any guarantees at that time. I filed a petition for substitution of judge for cause alleging that the judge has violated my 6th amendment rights to counsel. I will have to have a hearing in front of the chief judge which has not been set yet. Since the chief judge has not made a determination if the trial judge has denied me my right to representation, is the court obligated to appoint me some type of counsel for this hearing?
Thanks for any info.
 


BelizeBreeze

Senior Member
No. This is a matter between you and the trial court. The ONLY thing the court is obligated to do is appoint you a public defender for the underlying charges.

Now, what's the rest of the story.
 

cranky

Junior Member
I filed a "Show Cause" against the public Defenders Office Dec 28 ,2004, because they were unwilling to talk to me. The first P.D. didn't say anything about it and withdrew without my knowledge on Feb 8 2005. The second P.D. did say something about it when he cussed me out in a little waiting room and then he promptly asked the Judge for leave to withdraw on March 29.
I was supposed to have been represented for nearly 110 days, the public defenders office refused to comply with the court order for representation.
It seems to me that requiring me to represent myself in front of the Chief Judge without a waiver of counsel would be an extension of the trial courts denial of my 6th amendment right to counsel.
If I lose could I not claim it was because I was not represented, If I won the court might claim as the trial court has that I do not need counsel.
It is my understand that if the trial court were to proceed without me having an attorney they can not sentance me to jail time or a suspended sentance. Is this true?
 

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