Refusal to Appoint New Counsel In Kansas
"'As a general rule whether the dissatisfaction of an indigent accused with his court-appointed counsel warrants discharge of that counsel and appointment of new counsel is for the trial court, in its discretion, to decide.'" State v. Ferguson, 254 Kan. 62, 69, 864 P.2d 693 (1993) (quoting State v. Banks, 216 Kan. 390, Syl. P2, 532 P.2d 1058 ). Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only when no reasonable person would take the view adopted by the trial court. State v. Davidson, 264 Kan. 44, 56, 954 P.2d 702 (1998).
"'As long as the trial court has a reasonable basis for believing the attorney-client relation has not deteriorated to a point where appointed counsel can no longer give effective aid in the fair presentation of a defense, the court is justified in refusing to appoint new counsel.'" 254 Kan. at 70. "The lack of cooperation or communication between defendant and trial counsel does not in and of itself constitute a violation of the Sixth Amendment right to counsel." 254 Kan. at 71. "Irreconcilable conflict between a defendant and his attorney may, under certain circumstances, require the appointment of substitute counsel in order to protect a defendant's Sixth Amendment right to effective assistance of counsel." State v. Cromwell, 253 Kan. 495, 500, 856 P.2d 1299 (1993).
In State v. Saeger, 13 Kan. App. 2d 723, 779 P.2d 37 (1989), the Court adopted the factors an appellate court should consider when determining whether the court abused its discretion in denying a defendant's motion to discharge his or her court appointed attorney as set forth in United States v. Gallop, 838 F.2d 105, 108 (4th Cir.), cert. denied 487 U.S. 1211 (1988).