American Judges Association
Date of this Version
2022
Citation
Court Review - Volume 58
Abstract
A fundamental facet of our criminal legal system is that every “litigant” (defendant) is entitled to be represented by an attorney.1 What is equally fundamental, though less frequently invoked in the criminal context, is the right of an individual to represent him- or herself.2 Self-representation is not merely the default consequence of an inability to afford an attorney, it is an affirmative right. In Faretta v. California, a criminal case, the court held that forcing the defendant against his will to accept a state-appointed public defender rather than allowing him to conduct his own defense violated rights “necessarily implied” in the Sixth Amendment and was “contrary to his basic right to defend himself if he truly wants to.”3
Comments
Used by permission.