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Butler v. State8/16/2000
er competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that 'he knows what he is doing and his choice is made with eyes open.' [citations omitted.] Id. at 835.
There are two reasons why a Faretta hearing was unnecessary in this case, and in every case in which the defendant is a lawyer. First, appellant was not exercising his right to proceed "without counsel," because he was a lawyer. Second, where the defendant is a lawyer, obtaining the waiver, which the Faretta court required to educate people who are not aware of the benefit of counsel, is a useless act.
The majority opinion, and the cases from other jurisdictions it cites, all conclude (probably in an abundance of caution) that Faretta applies, then resolve the problem that there was no Faretta hearing by relying on the fact that the defendants were experienced in criminal law, and that there was the equivalent of a waiver. I see no need to go through that analysis. I would hold that Faretta does not require a waiver when the accused is a lawyer.
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