Go to court unless the court has told you otherwise. If your case is called and you do not see your appointed public defender, tell the courtroom clerk or judge that you have appointed counsel but do not know who is appearing for you. Ask whether another lawyer from that office is covering the hearing and whether you can speak with that lawyer before a plea, release decision, testimony or other substantive matter goes forward. A different deputy at counsel table may be covering your case; the absence of the lawyer you expected does not necessarily mean you have no representation.

If no lawyer is there for you, say so clearly and ask the court to address counsel’s absence. The court might allow time to locate counsel or consider a continuance, but a missed appearance does not automatically postpone the case. Penal Code § 1050 requires good cause for a continuance. A motion without the ordinary advance notice also requires good cause for the missing notice before it can be granted. The judge must decide what the situation warrants.

What you see What to clarify before the hearing proceeds
Your expected defender is absent, but another deputy says they are covering. Ask for that lawyer’s name, whether they are appearing for you, and a chance to discuss the hearing and any proposed decision.
No defense lawyer appears when your case is called. Tell the clerk or judge you have appointed counsel and that no one has identified themselves as representing you. Ask the court to address representation and whether you need time to confer with counsel.
The court already held the hearing without a lawyer speaking for you. Obtain the minute order and have a lawyer review what happened, what you said or agreed to, and any immediate deadline or new court date.

Does it matter which hearing it is?

Yes. At a first arraignment in a noncapital case, Penal Code § 987(a) requires the court to tell an uncounseled defendant about the right to counsel before arraignment, ask whether counsel is wanted, and assign counsel if the defendant wants one but cannot employ one. If you have already been appointed a lawyer, tell the court that fact; do not assume your appointment has ended because one person is missing.

At later hearings, the significance of an absence depends on what the court actually did, whether another lawyer represented you, and the stage of the case. California Supreme Court decisions treat the absence of counsel during a significant proceeding as a serious issue but assess the actual record and circumstances; a no-show by itself does not dismiss the charge or automatically undo a ruling (People v. Horton; People v. Lightsey). Tell the court promptly if you have not been able to consult the covering lawyer about a proposed plea or other consequential choice. You do not need to explain the facts of your defense in open court just to report that counsel is missing.

What should you do afterward?

Write down the hearing date, department, case number, who appeared for you, any request to speak with counsel or delay the matter, and the judge’s response. Confirm the next date from the court’s order rather than assuming the absence changed it. If a plea, custody order, evidence ruling or other important step occurred, ask counsel promptly to obtain the minute order and relevant transcript or recording and evaluate whether action is needed. The remedy, if any, depends on the hearing and record.

A single missed appearance and a continuing breakdown in representation are different problems. If your appointed lawyer repeatedly fails to communicate or you believe the attorney-client relationship has broken down, see the separate explanation of asking to change appointed counsel. That request has its own standard; a missed hearing does not automatically entitle you to choose a new public defender. If you hired your own lawyer, the rules for replacing retained counsel are also different.

The Law Offices of David S. Chesley can review the court record and your options in a pending California criminal case. Call (800) 755-5174.