Sexual Predators Right to Assistance of Counsel In California

The Sexually Violent Predators Act specifically provides that a person subject to commitment is entitled to the assistance of counsel. "In the case of a person who is indigent, the court shall appoint counsel to assist him . . . ." ( 6603, subd. (a)). Given the liberty interests involved, we assume for purposes of argument that individuals subject to the SVPA deserve the same constitutional protections accorded criminal defendants. (Cf. Specht v. Patterson (1967) 386 U.S. 605, 609-610 87 S. Ct. 1209, 1212-1213, 18 L. Ed. 2d 326, 329-330; People v. Burnick (1975) 14 Cal. 3d 306, 324-325 121 Cal. Rptr. 488, 535 P.2d 352; & Estate of Bodger (1954) 128 Cal. App. 2d 710, 714 276 P.2d 83). A criminal defendant is entitled to assistance of counsel at all critical stages of the proceeding. (U.S. Const., 6th Amend.; Cal. Const., art. I, 15; Pen. Code, 686, 859 & 987; Gideon v. Wainwright (1963) 372 U.S. 335, 344-345 83 S. Ct. 792, 796-797, 9 L. Ed. 2d 799, 805-806, 93 A.L.R.2d 733). He or she may discharge appointed counsel and substitute another attorney by successfully demonstrating inadequate representation. ( People v. Marsden (1970) 2 Cal. 3d 118, 124-125 84 Cal. Rptr. 156, 465 P.2d 44 (hereafter Marsden)). Due process also secures the right of a criminal defendant to appear and defend with retained counsel of his or her own choice. However, this right is not absolute, and the court may exercise discretion to ensure orderly and expeditious judicial administration if the defendant is "unjustifiably dilatory or . . . arbitrarily desires to substitute counsel at the time of trial." (People v. Blake (1980) 105 Cal. App. 3d 619, 623-624 164 Cal. Rptr. 480). A criminal defendant also has an unconditional constitutional right to represent himself or herself if, on timely motion, the trial court determines defendant has voluntarily and intelligently elected to do so. (People v. Windham (1977) 19 Cal. 3d 121, 128 137 Cal. Rptr. 8, 560 P.2d 1187, citing Faretta v. California (1975) 422 U.S. 806, 836 95 S. Ct. 2525, 2541-2542, 45 L. Ed. 2d 562, 582).