Public defenders: where is the line between representing a client and overriding them?
Trying to understand where actual practice lines up with theory.
Short version: Nevada case, multiple appointed/conflict counsel, repeated requests for self-representation, competency proceedings triggered during disputes, ongoing issues with lack of clear written findings on major decisions.
The questions that matter:
-
Client autonomy vs. control
If a defendant repeatedly and clearly requests self-representation, at what point does continuing to act on their behalf become overriding their autonomy instead of protecting it?
-
Competency vs. disagreement
Where is the real line between legitimate competency concerns and a client who is just legally literate, disagreeing with counsel, or pushing their rights aggressively?
-
Acting over objection
Is it ethically acceptable for defense counsel to initiate major actions (like competency or substitution) over the client’s express objection? If yes, what prevents that from becoming a control mechanism?
-
Failure to act / investigate
If a client is repeatedly asking for specific evidence or action and it doesn’t happen, how do you distinguish strategy from just not doing the work?
-
When the relationship is clearly broken
If a client is saying on the record that counsel is harming their case and wants to proceed pro se, what is the correct move: continue anyway, or get out?
Not looking for “clients can be difficult.” Obviously.
I’m trying to understand where the profession actually draws the line between:
defense,
management,
and control.
Posted Apr 9, 2026, 7:52 PM UTC