h is the duty of the courts to ensure that effective legal counsel are

H is the duty of the courts to ensure that effective

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must inhere in the appointment itself. h is the 'duty of the courts to ensure that effective legal counsel are .appointed to represent criminal defendants." hi. at. 205. See also ration v. United States, 281 U.S. 276, 312-13 (1930) (the judge's role in ensuring a proper trial increases in degree as the offenses dealt with increase in gravity); REPORT 1W 'VHF: NATIONAL STUDY COMMISSION ON DEFENSE SERVICES, NATIONAL LEGAL AID AND DEFENDER ASSN, GUIDELINES FOR LEGAL DEFENSE SERVICES IN THE UNITED STATES (1976) (Guideline 2.16(b) states that the more serious and complex cases should be assigned to attorneys with a sufficient level of experience and competence to provide proper representation). 254 1'.2d 928 (2d Cir. 1970). 255 Id.at 931. The former Chief judge of the District of Columbia Circuit Court of Appeals has commented that "we pretend to do justice by providing an indigent defendant with a lawyer, no matter how inexperienced, incompetent, or indifferent." Bazelon, TheDefectiveAssistanceof Counsel,42 U. CIN. L. REV. 1, 4 (1973). 256 Katz,425 F.2d at 931. SeealsoUnited States v. Butler, 167 F. Stipp, 102, 105 (E.D. Va. 1957) ("While there is evidence that [the trial attorney] did, on occasions, place his head in his hands and that he may have been 'dozing' at the time, there is no suggestion that such action was prejudicial May 19881 COMPETENT REPRESENTATION 57I Nor is the court's concern and mercy obvious when it explicitly disregards a defen- dant's claim of ineffective assistance of counsel. One New York Supreme Court judge told the dekndant: "The law doesn't require that I assign you a lawyer that you love. Too bad. Try harder to like him."257Courts have also refused to provide relief to defendants even in situations such as when the public defender told his client, in front of the judge; "I don't want to go to trial with you. I don't want to represent you. I am now
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asking the court to permit me to withdraw .... "25" In another instance, the exas- perated defendant attempted to call a press conference to criticize his public defender in the hope that then he might be provided with new counse1. 259 Any change of counsel causes delay and keeps the case on the judge's calendar for a longer period of time. Thal reality leads trial judges to ignore defendants' concerns as well as the proper responsibilities of the court. As the Eighth Circuit Court of Appeals staled: [A]n accused who is forced to stand trial with the assistance of appointed counsel with whom he had become embroiled in an irreconcilable conflict is denied effective assistance of counsel. The trial court, when confronted by such an allegation, has an obligation to inquire thoroughly into the factual basis of the defendant's dissatisfaction. 2" to the petitioner."). But me jam. v. United States, 724 F.2d 831, 833 (9th Cir. 1984) ("when an attorney for a criminal defendant sleeps through a substantial portion of the trial, such conduct is inherently prejudicial and thus no separate showing of prejudice is necessary"). That sante court of appeals, however, in a post-Stricklandcase, found that there was a need to show prejudice when die defendant
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