King

“In all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense.” (U.S. Const., 6th Amend.) Because it is essential to a fair trial, the right to counsel has long been considered “fundamental.” (Gideon v. Wainwright (1963) 372 U.S. 335, 343 [ 83 S.Ct. 792, 795 , 9 L.Ed.2d 799, 804 , 93 A.L.R.2d 733 ].) Despite the fundamental nature of this right, it is not absolute. In this case we consider whether an accused may forfeit his right to counsel by serious misconduct, such as violence and threats of violence against a succession of appointed counsel.

Balancing the great importance of the right to counsel against the need to protect counsel and the orderly administration of justice, we conclude an accused may forfeit his right to counsel by a course of serious misconduct towards counsel that illustrates that lesser measures to control defendant are insufficient to protect counsel and appointment of successor counsel is futile. In rare cases where the misconduct is so serious that lesser measures are patently inadequate to protect counsel, an accused may forfeit his right to counsel without employing the patently…