The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.
Stephen A. Gerst,
Forfeiture of the Right to Counsel: A Doctrine Unhinged from the Constitution,
58 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol58/iss1/5