Maxwell v. Superior Court

In Maxwell v. Superior Court (1982) 30 Cal.3d 606, the defendant wanted to continue to be represented by an attorney who had entered into a contract for commercial use of defendant's life story. The court, tracing the enhanced recognition of the right to chosen counsel over the years, determined that private retained counsel could not be removed over defendant's objection and willingness to make an informed conflicts waiver. (30 Cal.3d at pp. 616-622.) Nothing in Maxwell can be read to create a rule that ethical conflicts may always be waived, or that trial courts no longer had the authority to protect a defendant's Sixth Amendment rights in an appropriate case by recusing counsel, even where defendant is willing to enter into a conflicts waiver. On the contrary, the court was careful to note that where "substantial risks of conflict" are brought to the court's attention and a knowing, intelligent, and unconditional waiver was not possible, the trial court "may then protect the record and defendant's right to effective assistance of counsel by requiring counsel's withdrawal." ( Id. at p. 620.)