United States v. Dean E. Lillie

We consider whether a criminal defendant is entitled to change retained counsel at the last minute before trial.

A. Dean Lillie was charged with tax evasion and conspiracy to obstruct the IRS. On the morning trial was to start, Lillie told the court he wanted to replace his appointed counsel, Emily Simon, with William A. Cohan, a lawyer retained by Lillie’s family. Though Lillie didn’t claim Simon was incompetent, he did say he felt she was less experienced in criminal tax matters than Cohan. The district court denied the motion, apparently because it thought Simon was doing a good job and because there was no lack of communication between Lillie and Simon. RT 12/4/90 (in chambers) at 3-4, 9-10. The trial went forward, and Lillie was convicted. He now claims the district court deprived him of his constitutional right to counsel.

B. A criminal defendant is entitled to the retained counsel of his choice (though not to the appointed counsel of his choice). U.S. Const, amend. VI; Wheat v. United States, 486 U.S. 153, 159 , 108 S.Ct. 1692, 1697 , 100 L.Ed.2d 140 (1988). This isn’t an absolute right; it may be abridged to serve some compelling purpose. But the defendant can’t be…