WHAT HAPPENS WHEN YOUR TRIAL ATTORNEY RESIGNS FROM THE STATE BAR DURING YOUR TRIAL?
Here's how you can tell that you're having a bad day. You're on trial for ADW and beating up your girlfriend. On day 3 of trial your attorney resigns from the state bar, to avoid being disbarred. You get convicted with a strike prior and get 8 years in prison. Not a good
day.
Hey, wait, what about that attorney thing? Well, in Johnson (1CAL.4th 689), the Cal. Supremes said that a lawyer who has resigned from the state bar isn't actually a lawyer, so a trial with this lawyer is a trial without a lawyer and requires reversal per se.
The California Attorney General here argues that the defendant did have counsel for 3 out of the 4 days of trial, so the Court of Appeal should only reverse if it finds prejudice. The Court of Appeal rejects this, reversing the conviction. See, not so bad.
But what was the Attorney General thinking? Huh?
People v. Vigil; 2008 DJ DAR 18222; DJ, 12/12/08; C/A 6th
