The Windham Factors - People v. Windham

People v. Windham (1977) 19 Cal.3d 121, set forth factors the court is required to consider when defendant makes a midtrial request, such as, "the quality of counsel's representation of the defendant, the defendant's prior proclivity to substitute counsel, the reasons for the request, the length and stage of the proceedings, and the disruption or delay which might reasonably be expected to follow the granting of such a motion." (People v. Windham, supra, 19 Cal.3d at p. 128.) In exercising its discretion, the trial court should take into consideration the following factors: (1) the quality of defense counsel's representation; (2) the defendant's prior requests to substitute counsel; (3) the reasons for the request; (4) the length and stage of the proceedings; (5) the disruption or delay which would be caused by granting the motion. (People v. Windham, supra, 19 Cal.3d at pp. 128-129.) The trial court's exercise of discretion will not be overturned except upon a showing of abuse. (People v. Clark (1992) 3 Cal.4th 41, 101.) The Windham factors primarily facilitate efficient administration of justice, not protection of defendant's rights.' " (People v. Clark (1992) 3 Cal.4th 41 at p. 109.)