A Marsden motion is a request a defendant makes directly to the judge to replace a court-appointed lawyer, heard privately with the prosecutor excluded. California has no statute for this; it comes from a 1970 California Supreme Court case, and the judge alone decides whether a new lawyer is appointed.
What does a Marsden motion actually do?
A Marsden motion asks the judge, not the lawyer or the prosecutor, to appoint a different attorney in place of your current court-appointed one.
The request is named for People v. Marsden (1970) 2 Cal.3d 118. No Penal Code section sets out this procedure; it is entirely case law. Penal Code 987 requires the court to appoint a lawyer for someone who wants one and cannot afford one, and Penal Code 987.2 sets how an appointed lawyer is paid, but neither addresses replacing an appointed lawyer once one is assigned. The California Rules of Court confirm how the hearing itself is handled, naming the case directly in rule 8.47:
"An in-camera hearing conducted by the superior court under People v. Marsden (1970) 2 Cal.3d 118." (Cal. Rules of Court, rule 8.47(b)(1)(A))
"In camera" means the hearing happens privately, with the prosecutor excluded from the room. If you also want to give up a lawyer entirely and represent yourself, rather than ask for a different appointed one, that is a separate request; see "Does losing a Marsden motion mean I have to represent myself?" below.
How do you raise a Marsden motion?
You tell the judge directly, at a court date, that you want a different appointed lawyer, and the judge then holds a private hearing to hear your reasons.
- Raise it with the court. Tell the judge, at any court appearance, that you want to replace your appointed lawyer. No particular form or paperwork is required, because no statute sets one; some defendants put their concerns in writing first.
- The courtroom clears for an in-camera hearing. The prosecutor is excluded; your current lawyer may be present and asked to respond.
- You explain your specific reasons. The judge is deciding whether to appoint someone else, so this is the moment to describe concrete problems with the current representation, not just general dissatisfaction.
- The judge rules. The case then continues, either with a new lawyer or with the one you already have. A Marsden motion is not among the motions on the firm's Motions We Commonly File page, which shows the range of other requests a defense lawyer typically handles.
- The record stays private. California Rules of Court, rule 8.47 keeps the transcript of a Marsden hearing confidential; if the defendant later raises the ruling on appeal, the brief is filed publicly and the prosecution may ask the reviewing court for a copy of the transcript.
When can you raise a Marsden motion?
There is no statutory deadline for this request, because no statute creates the Marsden procedure in the first place, so timing is left to the court's own calendar.
A Marsden motion can come up at any stage of a case where you have an appointed lawyer, from early pretrial appearances onward, and it can be raised again if new, specific problems come up later; in People v. Ng (2022), the California Supreme Court described a case with many Marsden motions. When you ask, the judge must let you explain your reasons and describe specific instances of the lawyer's inadequate performance, as the court restated in People v. Pearson (2026).
What should you ask before deciding to raise this?
Before asking the judge for a different appointed lawyer, get clear on exactly what the current lawyer has, and has not, done on your case.
- Has the lawyer discussed the charges and the evidence with you, and told you about any offers from the prosecution?
- Has the lawyer responded when you tried to reach them, and explained the plan for your case?
- Is the disagreement about communication and preparation, or about a trial strategy decision, such as which witnesses to call? If it is a strategy choice, discuss that distinction with another lawyer before deciding how to raise it with the court.
- If you are weighing a court-appointed lawyer against hiring your own, public defender vs. private attorney in California compares cost, caseloads, and your ability to choose.
- If the problem is that your lawyer missed a scheduled court date rather than an ongoing concern about representation, see what to do if your public defender does not show up for court for the immediate steps.
If the court finds the public defender has properly refused the case because of a conflict of interest, Penal Code 987.2(a)(3) provides for other assigned counsel; that is a different process from a Marsden hearing, where you ask the judge to replace your appointed lawyer because the representation is inadequate or because the two of you are in such an irreconcilable conflict that ineffective representation is likely, the standard the California Supreme Court restated in People v. Pearson (2026).
The firm's answer on changing lawyers during a pending DUI case already sets out the legal standard courts use when a defendant asks to replace an appointed lawyer. This page focuses instead on the hearing itself: how it is raised, who is in the room, and what happens to the record afterward.
Giving up a lawyer entirely, rather than asking for a different one, is a separate request covered in the firm's guide to requesting self-representation in a California criminal trial. A Marsden motion keeps you represented by appointed counsel; self-representation removes a lawyer from the case entirely.
What happens after the judge rules?
If the motion is granted, the court appoints a different lawyer and the case continues; if it is denied, your current lawyer keeps representing you.
A denial does not end your options. You can raise new, specific problems later if they come up, and a denial can also be raised on appeal if the case is later appealed. Because the ruling depends entirely on what is said at that private hearing, no general page can predict how a specific judge will rule on a specific set of facts.
Frequently asked questions
Do I need a written motion to raise this?
No. You can raise it orally at any court appearance. No statute sets a required form, because no statute creates this procedure at all; some defendants also put their concerns in writing first.
Can I raise a Marsden motion more than once in the same case?
Yes. California courts have heard more than one Marsden motion in the same case; in People v. Ng (2022) the defendant made many. If new, specific problems come up after a ruling, you can raise them, with concrete examples of what the lawyer has or has not done.
What happens to my case while this is being decided?
Your current appointed lawyer stays on the case unless the judge grants the motion. The judge decides when to hold the private hearing; in People v. Pearson (2026), for example, the trial court set the Marsden hearing for a later date. The case then continues with your current lawyer or a new one.
Does losing a Marsden motion mean I have to represent myself?
No. If the motion is denied, your appointed lawyer keeps representing you. Giving up a lawyer entirely is a separate choice, covered in the firm's guide to self-representation requests.
Will the public, or the prosecutor, see what I told the judge?
Not at the hearing, which is private and excludes the prosecutor. California Rules of Court, rule 8.47 keeps the transcript confidential, but if you raise the ruling on appeal, the brief is filed publicly and the prosecution may ask the reviewing court for a copy of the transcript.
What happens if the judge denies the motion?
Your current appointed lawyer keeps representing you, and the case proceeds. You can raise new, specific problems later if they come up, or challenge the denial on appeal.
Is this the same as asking for a different public defender's office because of a conflict?
Not exactly. When the court finds the public defender has properly refused the case because of a conflict of interest, Penal Code 987.2(a)(3) provides for other assigned counsel. A Marsden motion is your own request to replace a specific appointed lawyer; it can rest on inadequate representation, including a conflict of interest, or on an irreconcilable conflict between you and the lawyer that makes ineffective representation likely.
Talk to a lawyer
The Law Offices of David S. Chesley offers a free consultation and is available 24/7, with payment plans and Se habla español, if you are deciding whether to hire your own lawyer instead of relying on an appointed one. Call (800) 755-5174 or request a free consultation online.