Golden Gate University Law Review


Though all U.S. courts recognize the right to self-representation as a result of the Supreme Court's decision in Faretta, constitutional and procedural issues affect its effective implementation. This note explores the Sixth Amendment's right to waive counsel and its effect on a criminal defendant's Fifth Amendment right to receive a fair trial. The Ninth Circuit's decision in Farhad is critiqued on two issues: first, the failure to address standby counsel in sharing duties of representation with the defendant; and second, the court's failure to address Farhad's lack of access to the means of developing his case. Lastly, this note proposes the appointment of mandatory standby counsel for pro se defendants as a means of protecting the defendant's constitutionally guaranteed right to a fair trial while respecting the defendant's autonomy in the criminal justice system.