People v. Williams

In August 1986, defendant was charged with murder (Pen. Code, § 187) with personal use of a firearm (§ 12022.5).

While represented by the Kern County Public Defender’s Office, he pleaded not guilty and denied the firearm allegation.

Thereafter, defendant informed the court he was “half Indian” and requested a lawyer affiliated with the Bureau of Indian Affairs (BIA). The court provided defendant with the name of the director of the Indian Tribal Council in Bakersfield and the deputy public defender said he would contact a friend who was the director of Indian Legal Services in Coeur d’Alene, Idaho. The court continued the matter to resolve the appointment of defense counsel. Defendant said he was an “enrolled” Indian from the Duck Valley Shoshone Tribe in Owyhee, near Winnemucca, Nevada.

On December 24, 1986, the court conducted an in camera hearing with the defendant and deputy public defender present. Defendant sought to represent himself with the public defender as associate or advisory counsel. The deputy public defender informed the court his office had a policy against such appointments. The trial court discussed with defendant the appointment of an Indian…