OR: pro se gamble

I'd missed this news story last month, but still wanted to pass it along for educational purposes. It's a good illustration of the way clients can dig themselves a deeper hole, fighting with their public defender, relying on legal advice from their cellies, and expecting to be released from jail immediately when up on a serious charge:

Accused gambles for speedy trial - A murder suspect fires his court-appointed lawyer, who urged patience as he prepared a defense

Domenicke Sanders stood in the... courtroom one recent afternoon to again tell the judge he did not need a lawyer and was ready to face a jury and stand trial on a charge of murder.

The Multnomah County circuit judge, Nely Johnson, had fretted for weeks that Sanders was willing to bet his life by rejecting legal help provided by the state. She decided to gauge his preparation for trial.

"Do you know what jury selection is?" she asked.

"Yes," he replied.

"What is it?"

Sanders said, "I'd rather not answer that question."

Puzzled, Johnson tried again. "Do you know what goes into a jury selection?"

"Yes."

"How would you do it?"

"I'd rather not answer that."

Johnson: "Do you know what motions you are entitled to file?"

"Yes."

"What are they?"

"I'd rather not answer that."

The exchange continued in that vein, and at the end of the hearing, Johnson said to Sanders, "I can't say that you understand what you're doing."

Sanders' case illustrates a common theme within criminal justice: Judges appoint taxpayer-funded lawyers to represent people who cannot afford legal help. But while officially on the same team, court-appointed lawyers and their clients sometimes do not get along...

Sanders' unhappiness with his lawyer led him to seek the counsel of a man who seemed to have all the answers -- a man who was also in jail. The man said Sanders could represent himself, and if he messed up, an appeals court would overturn the conviction.

Within days, Sanders fired his lawyer. His family tried to talk him out of it, and when they failed, they promised to pull together their assets to hire a private lawyer. Over their objections, Sanders told Johnson he wanted a speedy trial...

A Multnomah County circuit judge appointed Kenneth Walker, a veteran Portland criminal defense lawyer, to represent Sanders... Walker counseled Sanders to be patient because the lawyer needed time to prepare the case, especially since conviction could mean a life sentence. But Sanders wanted to be freed from jail immediately, and he grew frustrated with Walker.

Walker said he thought he had a good rapport with his young client, so it came as a surprise when Sanders told Walker he was fired for not getting him a speedy trial... Like most criminal defense lawyers, Walker has for years endured complaints that court-appointed lawyers work for the system.

"I've heard a couple of people say, 'I don't want a public pretender,' " he said. "I know people who work in the public defender's office who are personally committed to making the world a better place by making sure that people's rights are protected. People dedicate their lives to this... To be ragged on about working for the state is really difficult to hear."

In mid-July, Sanders went before Judge Johnson to fire Walker. By then, though, he had lost his "jailhouse lawyer"...

The full article is here.