Late Filing of a Motion to Recuse Lawyer In Texas
In Malcom v. State, 628 S.W.2d 790 (Tex. Crim. App. 1982), the court of criminal appeals held that to preserve error on the trial court's failure to conduct a hearing on the defendant's pro se motions to dismiss counsel, the defendant was required to request a hearing. Id. at 792.
The motion to recuse was not timely brought to the court's attention.
If an accused is dissatisfied with appointed counsel, he must bring his complaint to the trial court's attention in a timely manner. See Hubbard v. State, 739 S.W.2d 341, 344 (Tex. Crim. App.1987).
An accused may not wait until the day of trial to demand different counsel or to request that counsel be dismissed so that he may retain other counsel. See Keys v. State, 486 S.W.2d 958 (Tex. Crim. App. 1972).