People v. Gibson

In People v. Gibson, 136 Ill. 2d 362, 383, 556 N.E.2d 226, 144 Ill. Dec. 759 (1990), the supreme court noted criteria a trial court should consider in deciding whether to appoint standby counsel, listing three: (1) the nature and gravity of the charge; (2) the expected factual and legal complexity of the proceedings; (3) the abilities and experience of the defendant. Gibson, 136 Ill. 2d at 380. The supreme court stated that based on the record before it, the trial court's "failure to appoint standby counsel to assist the defendant would have been an abuse of discretion." Gibson, 136 Ill. 2d at 380. The trial court had initially appointed standby counsel, only to reverse itself. The supreme court ordered a new trial, however, on the trial court's "mistaken belief that the appointment was not authorized by statute." Gibson, 136 Ill. 2d at 383. In other words, the trial court mistakenly believed it had no discretion to appoint standby counsel.