Faretta v. California: The Case That Says You May Speak for Yourself

Anthony Faretta was charged with grand theft in Los Angeles. Before trial he asked to represent himself. The trial judge first allowed it, then reversed course after questioning Faretta about the hearsay rule and jury selection, and appointed a public defender. Faretta was convicted.

What the Court decided

In Faretta v. California, 422 U.S. 806 (1975), the Supreme Court ruled 6-3 that the Sixth Amendment gives a person accused of a crime the right to conduct his own defense. Writing for the majority, Justice Potter Stewart reasoned that the amendment grants the defense to the accused personally. A lawyer is an assistant, and forcing one on an unwilling defendant violates the structure of the right.

The Court added an important condition. A defendant who chooses to go without a lawyer must do so "knowingly and intelligently." Judges usually make sure the person understands the dangers of self-representation before allowing it. The person does not need a lawyer's skill or legal knowledge to make that choice.

The limits that came later

Several later decisions shaped how the right works in practice:

• Standby counsel. In McKaskle v. Wiggins, 465 U.S. 168 (1984), the Court allowed judges to appoint a standby lawyer over a self-represented defendant's objection, as long as the defendant keeps actual control of the case and the jury sees him as running his own defense.
• Appeals. In Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), the Court held that Faretta does not create a constitutional right to self-representation on a direct appeal.
• Competence. In Indiana v. Edwards, 554 U.S. 164 (2008), the Court held that states may require a lawyer for a defendant who is competent to stand trial but not competent to conduct the trial alone because of severe mental illness.

What about civil cases?

Faretta is about criminal defense. In civil cases the right to speak for yourself usually comes from statutes and court rules. In federal court, for example, 28 U.S.C. § 1654 provides that parties "may plead and conduct their own cases personally or by counsel." Most state courts have similar rules. In general, a business or other organization must appear through a lawyer.

Why it matters today

Faretta recognizes something every self-represented litigant feels: your case is your life, and the law respects your choice to present it. The decision also carries a warning the justices themselves repeated. The rules of evidence and procedure still apply, and preparation is everything.

Food for Thought

• The Court said the choice to go without a lawyer belongs to the defendant, even when it is a bad choice. Is respecting that choice more important than protecting people from their own mistakes?
• Should judges be allowed to insist on a lawyer for someone who is competent to stand trial but struggles to run a defense alone, or does that undercut the right Faretta recognized?
• If the Constitution protects your right to speak for yourself in a criminal trial, why shouldn't that same respect come with more help for people who represent themselves in civil court?

How Kasecraft can help

Practice is the closest thing to experience. Kasecraft's Moot Court lets you rehearse a hearing with volunteer judges and opposing counsel using made-up facts, so the real courtroom is not your first time speaking in one.