State of Idaho v. Miriam Anna Baumgartner
CourtIdaho Court of Appeals
Date FiledNovember 6, 2026
Docket50833
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 50833
STATE OF IDAHO, )
) Filed: November 6, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
MIRIAM ANNA BAUMGARTNER, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Derrick J. O’Neill, District Judge.
Judgment of conviction for aggravated assault, affirmed.
Erik R. Lehtinen, State Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________
LORELLO, Judge
Miriam Anna Baumgartner appeals from her judgment of conviction for aggravated
assault. We affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
The State charged Baumgartner with aggravated assault following an incident where she
revved her vehicle and swerved it toward the victim. Baumgartner was appointed a public
defender, who requested a competency evaluation that found Baumgartner competent to proceed.
The relationship between Baumgartner and the public defender became difficult, prompting
Baumgartner to “fire” her public defender. The district court appointed Baumgartner a second
public defender and that attorney requested a second competency evaluation, which the district
court ordered. While the second competency evaluation was pending, Baumgartner told the
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district court she wanted substitute counsel. The district court did not consider Baumgartner’s
request for substitute counsel because of the pending evaluation. The second competency
evaluation concluded that Baumgartner was not competent. The district court initially allowed
Baumgartner to receive treatment in the community. After treatment was unsuccessful, the district
court ordered Baumgartner’s commitment to restore her competency. Months later,
Baumgartner’s competency was restored and her commitment was terminated.
Thereafter, Baumgartner sent a letter to the district court expressing her disagreement with
her public defender and requesting substitute counsel. The district court treated Baumgartner’s
letter as a motion and held an ex parte hearing to allow Baumgartner to offer her reasons and
evidence in support of her motion. After hearing from Baumgartner and her public defender, the
district court determined it would not appoint substitute counsel and denied the motion. The
district court also informed Baumgartner of her right to hire private counsel or represent herself.
Baumgartner later renewed her complaints about her public defender and again requested
substitute counsel. The district court denied the request and reiterated Baumgartner’s three options
for representation: (1) continue being represented by her public defender; (2) hire private counsel;
or (3) proceed pro se. Baumgartner submitted a series of letters to the district court renewing her
complaints about her public defender, which included allegations of delay, lack of communication,
and objections to being subjected to competency evaluations. Baumgartner continued to request
substitute counsel, which the district court denied. Thereafter, Baumgartner filed additional letters
requesting substitute counsel, restating her prior complaints, and alleging she had evidence of
misconduct by the public defender’s office. As the district court was discussing Baumgartner’s
letters and the implications of self-representation, the public defender interjected and moved for
another competency evaluation. The district court ordered the competency evaluation and
indicated it was “passing any decision” on Baumgartner’s request for substitute counsel until the
third evaluation was complete.
Baumgartner filed additional letters indicating she fired her public defender and expressing
her intention to represent herself “until the issue of counsel [was] heard further by the court.” At
a subsequent hearing, the district court inquired whether Baumgartner wished to represent herself,
to which she responded affirmatively. The district court accepted Baumgartner’s invocation of
her right to self-representation and allowed the public defender to withdraw. Ultimately, the
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evaluation found Baumgartner competent. Baumgartner’s case proceeded to trial and a jury found
her guilty of aggravated assault. I.C. § 18-1905. Baumgartner appeals.
On appeal, Baumgartner was originally represented by the Office of the State Appellate
Public Defender (SAPD). After the SAPD filed a sixth motion for extension of time to file the
appellant’s brief (which motion was granted) Baumgartner, acting pro se, filed a seventh motion
for extension of time. In that motion, Baumgartner represented that she fired the SAPD and
requested additional time to hire an attorney. In a supporting addendum, Baumgartner articulated
several complaints about the SAPD and stated that the SAPD “is fired.” Thereafter, the SAPD
withdrew from representing Baumgartner and she proceeded pro se. In response to Baumgartner’s
pro se motion, the Idaho Supreme Court entered an order suspending this appeal, which directed
that Baumgartner’s motion be transmitted to the SAPD and ordered the SAPD to “confirm in
writing whether counsel intends to file a brief on behalf of [Baumgartner], or file a Motion to
Withdraw from this matter.” The order also notified Baumgartner that the Court would “reject all
further pro se filings from [Baumgartner] until the [SAPD] files written confirmation that counsel
intends to file a brief on behalf of [Baumgartner], or files a Motion to Withdraw.”
The SAPD filed a response to the Court’s suspension order, stating:
While Ms. Baumgartner is displeased with the representation she has
received from undersigned counsel to date, she has not expressed a desire to
represent herself on appeal. Accordingly, the SAPD does not intend to file a motion
to withdraw as her attorneys, as any such withdrawal would leave her
unrepresented.
Ms. Baumgartner wants to retain private counsel. She has not been able to
secure substitute counsel yet, but she continues to try. To that end, Ms.
Baumgartner hopes the Court will continue the present suspension of the appeal to
give her additional time to hire a new attorney. If/when Ms. Baumgartner retains a
new attorney, the SAPD will facilitate the substitution of counsel and make every
effort to make the transition as seamless as possible.
In the meantime, as noted above, undersigned counsel has completed an
Appellant’s Brief for Ms. Baumgartner. That brief can be filed as soon as this Court
unsuspends the appeal and requires that it be filed; however, as noted, Ms.
Baumgartner would prefer that the appeal remain suspended to allow her additional
time to secure substitute counsel.
(footnote omitted). The SAPD also noted that it did not “intend to assign this case to conflict
counsel” based on his “determin[ation] that there is no conflict of interest within the meaning of
Idaho Rule of Professional Conduct 1.7.”
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After receiving the SAPD’s response, the Court lifted the suspension and ordered
Baumgartner’s brief to be filed forthwith. The Court’s order further advised “that new counsel for
[Baumgartner] may file a substitution of counsel if, and when, new counsel is retained.” The
SAPD filed the appellant’s brief the same day. Two days later, the SAPD filed a motion to
withdraw, indicating that Baumgartner advised appellate counsel that he was “fired,” asked him to
withdraw, and said she wanted to represent herself on appeal. At Baumgartner’s request, the
motion asked that “she be allowed to file a substitute brief pro se.” The Idaho Supreme Court
granted the motion and directed Baumgartner to file a notice of appearance within twenty-one days
“along with a Motion requesting that the previously filed Appellant’s Brief filed by counsel be
withdrawn.” The Court’s order further stated: “If no appearance is filed, the Court will assume
Baumgartner wishes to proceed pro se. Further, if no motion to withdraw the previously filed brief
is filed, the Court will assume the appeal will proceed on the brief previously filed.”
Baumgartner did not file either a notice of appearance or a motion to withdraw the SAPD’s
brief within the twenty-one-day period prescribed by the Court. However, more than one month
later, Baumgartner filed a motion for extension of time to hire an attorney. The Court granted the
motion, again suspended the appeal, and set a new deadline for filing a notice of appearance and
motion to file a substitute brief. The order also stated:
[I]f an attorney does not appear on Appellant’s behalf on or before January 5, 2026,
the due date for Respondent’s Brief will be reset. After the filing of Respondent’s
Brief, the due date for Appellant’s Reply Brief will be set. The appeal will be
decided based on the briefs filed, including the Appellant’s Brief filed by the State
Appellate Public [D]efender prior to withdrawal.
On January 2, 2026, Baumgartner filed a pro se motion requesting an extension of time to
file an addendum to the appellant’s brief. The Court gave Baumgartner fourteen days to file an
addendum. Baumgartner did not file an addendum within this timeframe but did file a motion to
accept a late addendum, which the Court denied. The State subsequently filed a respondent’s brief;
Baumgartner did not file a reply. This appeal was assigned to this Court for disposition.
II.
STANDARD OF REVIEW
Whether substitute counsel should be provided is a decision that lies within the sound
discretion of the trial court and will be reviewed on appeal for an abuse of discretion. State v.
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Severson, 147 Idaho 694, 702, 215 P.3d 414, 422 (2009). When a trial court’s discretionary
decision is reviewed on appeal, the appellate court conducts a multi-tiered inquiry to determine
whether the trial court: (1) correctly perceived the issue as one of discretion; (2) acted within the
boundaries of such discretion; (3) acted consistently with any legal standards applicable to the
specific choices before it; and (4) reached its decision by an exercise of reason. State v. Herrera,
164 Idaho 261, 270, 429 P.3d 149, 158 (2018).
When a violation of a constitutional right is asserted, this Court will accept the trial court’s
factual findings unless such findings are clearly erroneous; however, this Court will freely review
whether constitutional requirements have been satisfied in light of the facts found. State v.
Farfan-Galvan, 161 Idaho 610, 613, 389 P.3d 155, 158 (2016).
III.
ANALYSIS
Baumgartner asserts the district court erred by not giving her a “full and fair opportunity”
to present evidence in support of her motion for substitute counsel. Baumgartner also contends
the district court erred in allowing her to appear pro se, arguing the waiver of her Sixth Amendment
right to counsel was not “knowing, intelligent, or voluntary.” The State argues the district court’s
inquiry into Baumgartner’s motion was sufficient and that her waiver of her right to counsel was
knowing, intelligent, and voluntary. We hold that Baumgartner has failed to show the district court
erred in denying her motion for substitute counsel or in accepting her waiver of her right to counsel.
A. Motion for Substitute Counsel
The Sixth Amendment to the United States Constitution and Article I, Section 13 of the
Idaho Constitution guarantee the right to counsel. The right to counsel does not necessarily mean
a right to the attorney of one’s choice. State v. Clark, 115 Idaho 1056, 1058, 772 P.2d 263, 265
(Ct. App. 1989). Mere lack of confidence in otherwise competent counsel is not necessarily
grounds for substitute counsel in the absence of extraordinary circumstances. State v. McCabe,
101 Idaho 727, 729, 620 P.2d 300, 302 (1980); State v. Peck, 130 Idaho 711, 713, 946 P.2d 1351,
1353 (Ct. App. 1997). However, a trial court may, in its discretion, appoint a substitute attorney
for an indigent defendant upon a showing of good cause. State v. Clayton, 100 Idaho 896, 897,
606 P.2d 1000, 1001 (1980); Peck, 130 Idaho at 713, 946 P.2d at 1353. The trial court must afford
the defendant a full and fair opportunity to present the facts and reasons in support of a motion for
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substitution of counsel after having been made aware of the problems involved. Clayton, 100
Idaho at 898, 606 P.2d at 1002. The trial court must also conduct a meaningful inquiry to
determine whether a defendant possesses good cause for his or her request for substitute counsel.
State v. Lippert, 152 Idaho 884, 887, 276 P.3d 756, 759 (Ct. App. 2012). Specifically, the trial
court must make some reasonable, nonsuggestive efforts to determine the nature of the defendant’s
complaints and to apprise itself of the facts necessary to determine whether the defendant’s
relationship with appointed counsel has deteriorated to the point that sound discretion requires
substitution or even to such an extent that the defendant’s Sixth Amendment right would be
violated but for substitution. Id. Even when the trial court suspects that the defendant’s requests
are disingenuous and designed solely to manipulate the judicial process and to delay the trial,
perfunctory questioning is not sufficient. Id.
Good cause includes an actual conflict of interest; a complete, irrevocable breakdown of
communication; or an irreconcilable conflict which leads to an apparently unjust verdict. Id.
Factors to be used in examining constitutional implications of a total breakdown in communication
include: (1) whether the defendant’s motion for new counsel was timely; (2) whether the trial
court adequately inquired into the defendant’s reasons for making the motion; (3) whether the
defendant-attorney conflict was so great that it led to a total lack of communication precluding an
adequate defense; and (4) whether the defendant substantially and unreasonably contributed to the
communication breakdown. Id. If good cause is shown, the defendant is constitutionally entitled
to the appointment of new counsel. Id. A defendant may not, however, manufacture good cause
by abusive or uncooperative behavior. Id.
The district court granted Baumgartner’s first request for substitute counsel and appointed
a second public defender. Baumgartner requested substitute counsel again after her public
defender asked for a second competency evaluation. The district court ordered the evaluation and,
as a result, declined to address Baumgartner’s request. After Baumgartner was found competent,
she sent a letter to the district court renewing her request for substitute counsel. The district court
treated Baumgartner’s letter as a motion and held an ex parte hearing. At the hearing, Baumgartner
cited disagreement with her public defender over the evidence to present at trial, delays in her case,
and a lack of communication as reasons for requesting substitute counsel. The district court also
heard from the public defender who noted that many of the delays in Baumgartner’s case were
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attributable to “the COVID shutdowns” and competency evaluations. The public defender also
maintained that the evidence Baumgartner sought to present at trial would be inadmissible and the
public defender indicated he was willing to continue representing Baumgartner. The district court
denied Baumgartner’s motion for substitute counsel and noted that whether to present evidence at
trial is “a strategy decision that needs to be made by counsel.” The district court explained that
Baumgartner had three options regarding representation: (1) continue being represented by her
public defender; (2) hire private counsel; or (3) proceed pro se. Baumgartner later renewed her
complaints about her public defender, primarily concerning the competency evaluations, and once
again requested substitute counsel. The district court denied the motion and reiterated
Baumgartner’s options regarding counsel. Baumgartner subsequently filed two letters requesting
substitute counsel, alleging she had evidence of misconduct from the public defender’s office and
restating her prior complaints. The district court again denied Baumgartner’s request and
reiterated her options for counsel.
Baumgartner argues the district court erred in denying her request for substitute counsel
because she did not get “a full and fair opportunity to present facts and reasons in support of her
motion.” We disagree.
The record shows that, throughout the case, the district court afforded Baumgartner a full
and fair opportunity to be heard regarding her request for substitute counsel. Baumgartner
acknowledges as much on appeal by recognizing that “the district court repeatedly provided an
opportunity for [her] to state her concerns, and it appeared to take those concerns seriously.” First,
the district court ordered substitute counsel for Baumgartner when there was a breakdown in
communication between her and her first public defender. At a later hearing regarding
Baumgartner’s competency evaluation, she expressed her frustrations with her newly appointed
public defender. After some discussion, Baumgartner indicated she understood that her public
defender had “spoken on [Baumgartner’s] behalf” and that she “appreciate[d]” the public
defender’s representation. Months later, Baumgartner submitted a letter to the district court
requesting substitute counsel and detailing the reasons for Baumgartner’s request, including her
frustration with the competency proceedings, delays in the case, disagreements in trial strategy,
and general complaints alleging a lack of communication. The district court indicated it “read
[the] letter carefully,” treated it as a motion for substitute counsel, and held an ex parte hearing
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during which Baumgartner spoke about the reasons supporting her request. The district court also
heard from Baumgartner’s public defender, who indicated that he was “willing and able to work
with” Baumgartner, had “no issues proceeding,” and was “happy to remain her counsel.”
Ultimately, the district court denied Baumgartner’s request for substitute counsel but informed
Baumgartner of her rights to either hire private counsel or represent herself. Baumgartner renewed
her request for substitute counsel at a subsequent hearing. The district court denied the request
and reiterated Baumgartner’s right to hire private counsel or represent herself.
Thereafter, Baumgartner filed two letters renewing her request for substitute counsel. The
district court discussed the letters at a hearing where the following exchange occurred:
BAUMGARTNER: I need to have a hearing in person so I can speak to
you about the misconduct from the public defender’s office
and show you the proof that I have: The e-mails that [an
individual at the public defender’s office] has who said that
she’s working with [my public defender] on this case
accidentally sent me an e-mail meant for another public
defender.
THE COURT: Ms. Baumgartner, are you firing [your public
defender]? Is that where we are?
BAUMGARTNER: I’ve asked you--I’ve tried to fire him every time I’ve
been before you, and you won’t allow me to fire him. You
said that I have to stick with him despite the fact that he will
not meet with me. We have done zero trial prep.
THE COURT: Ms. Baumgartner, I’m going to ask you not to
interrupt me. Okay? I did not tell you you could not fire
him. I did say I would not require the public defender to
appoint you alternative counsel. If you want a public
defender, an attorney provided at the public’s expense, it is
[your current public defender].
If you wish to proceed pro se and represent yourself
or if you wish to hire private counsel that would be your
decision, and that is what I have said.
So I am not going to require the public defender to
provide alternative counsel. If you wish to fire [your public
defender] and proceed pro se, you will be required to comply
with all of the rules that lawyers are required to comply with.
BAUMGARTNER: As long as I’m given those rules.
THE COURT: Okay. I cannot help you. So let’s set it for a
hearing--well--
BAUMGARTNER: Can it be in person, please, so I can show you the
proof that I have of gross misconduct?
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THE COURT: Ms. Baumgartner, that is not necessary. If you are
simply looking to fire [your public defender]. If you wish
to--
BAUMGARTNER: How could--
THE COURT: Again, please do not interrupt me.
BAUMGARTNER: Excuse me.
THE COURT: It is not necessary for you to fill me in with those
details. If you wish to fire [your public defender], there’s a
colloquy I will go through with you. It is fairly lengthy
because it is important that you realize that trying a case in a
court of law is a difficult and challenging process even for a
trained professional.
The district court began to advise Baumgartner of the implications and requirements before
she could represent herself. However, Baumgartner insisted on presenting her evidence of “gross
misconduct,” prompting the following discussion:
THE COURT: Again, you seem to fail to appreciate what I am telling you.
You can be represented by the State. [Your public defender]
has represented to this Court that notwithstanding your
concerns he would be willing to represent you.
If you wish to have alternate counsel that would need
to either be privately employed or at your expense.
BAUMGARTNER: I have a right to be defended by the public defender’s
office. I have the right to be actually defended. I have not
been shown any evidence. I have not been--absolutely
nothing.
I do not have a law degree. I do not know how to
properly defend myself. I do not know how to gather
evidence. If he--I’m not the one who showed gross
misconduct.
THE COURT: Okay. Ms. Baumgartner, I am sure that you are
frustrated by the way this goes. Anybody that’s accused of
a crime that believes they are not guilty is frustrated by that
process. You just got done telling me you don’t know and
you’re not trained in the law, so your concerns over the way
[your public defender] is handling your case are at best
speculative.
BAUMGARTNER: No. That’s not what I said.
THE COURT: So you are welcome to get--no, that’s what I am
telling you. So you are welcome--
BAUMGARTNER: You won’t let me show you the proof?
THE COURT: You are welcome to hire--I am not here to try a case
against [your public defender], Ms. Baumgartner. I am here
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for the criminal trial . . . which at this point . . . may or may
not be taking place the second week of March.
BAUMGARTNER: Well, if I’m representing myself, how could it
possibly take place the second week of March?
Baumgartner asserts that the district court erred when it “denied her the opportunity” to
present evidence of “gross misconduct” by the public defender’s office. However, the record
shows that the evidence Baumgartner sought to present was an email accidentally sent to her
regarding a separate case of hers, and the email was not sent by her public defender. The district
court did not err when it determined it was “not necessary” for Baumgartner to provide the details
of her allegations against the public defender’s office because the matter did not pertain to her
representation in the case before it. The above colloquies reveal that the district court afforded
Baumgartner a full and fair opportunity to be heard regarding her request for substitute counsel,
was familiar with the reasons Baumgartner provided in support of her request, and acted within its
discretion in denying the motion. Baumgartner has failed to show the district court erred in
denying her motion for a second substitution of counsel.
B. Waiver of Right to Counsel
A criminal defendant has a constitutional right to the assistance of counsel at all critical
stages of the criminal process. Gideon v. Wainwright, 372 U.S. 335, 345 (1963); State v. Blevins,
108 Idaho 239, 241-42, 697 P.2d 1253, 1255-56 (Ct. App. 1985). An accused also has the right to
waive the assistance of counsel and to represent himself or herself. Faretta v. California, 422 U.S.
806, 834 (1975); State v. Averett, 142 Idaho 879, 885, 136 P.3d 350, 356 (Ct. App. 2006). A
waiver of the right to counsel is valid only if it was effected knowingly, voluntarily, and
intelligently. Averett, 142 Idaho at 885, 136 P.3d at 356. The burden is upon the State to show
that the waiver satisfied this standard. State v. Hunnel, 125 Idaho 623, 625, 873 P.2d 877, 879
(1994).
There is no uniformity in American courts as to the precise requirements for a valid waiver
of the right to counsel or even whether a specific judicial admonition regarding the risks of
self-representation is necessary in all situations. State v. Jackson, 140 Idaho 636, 639, 97 P.3d
1025, 1028 (Ct. App. 2004). Idaho courts examine the totality of the circumstances in determining
whether a waiver of the right to counsel is valid. State v. Lovelace, 140 Idaho 53, 64, 90 P.3d 278,
289 (2003); State v. King, 131 Idaho 374, 376, 957 P.2d 352, 354 (Ct. App. 1998). The analysis
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of whether a defendant’s waiver is valid rests upon the individual facts of the case. Hunnel, 125
Idaho at 625, 873 P.2d at 879; see also King, 131 Idaho at 376, 957 P.2d at 354 (holding that a
valid waiver of counsel is a question of fact turning upon the defendant’s state of mind). For a
waiver to be knowing and intelligent, the defendant must be aware of the nature of the charges
filed against him or her, the penalties that may result from those charges, and the dangers and
disadvantages of self-representation. Lovelace, 140 Idaho at 64, 90 P.3d at 289; State v. Lankford,
116 Idaho 860, 865, 781 P.2d 197, 202 (1989); see United States v. Harris, 683 F.2d 322, 324-25
(9th Cir. 1982).
Before a defendant waives the right to counsel and proceeds pro se, the trial court has a
duty to make the defendant aware of the problems inherent in self-representation so that such
waiver is knowingly and intelligently made. Faretta, 422 U.S. at 835; State v. Meyers, 164 Idaho
620, 623, 434 P.3d 224, 227 (2019); Clayton, 100 Idaho at 897, 606 P.2d at 1002. Faretta
warnings, however, do not need to be given contemporaneously to the defendant’s waiver. State
v. Dalrymple, 144 Idaho 628, 634, 167 P.3d 765, 771 (2007). Instead, such warnings must be
given so that the record will establish that the defendant knows what he or she is doing and that
the choice is made with eyes open. Faretta, 422 U.S. at 835; Dalrymple, 144 Idaho at 634, 167
P.3d at 771. While contemporaneous Faretta warnings are perhaps the most prudent means to
ensure the defendant’s grasp of the disadvantages of self-representation, we look to the record as
a whole to determine if a waiver of the constitutional right was knowingly, intelligently, and
voluntarily made. Dalrymple, 144 Idaho at 634, 167 P.3d at 771; Lovelace, 140 Idaho at 64, 90
P.3d at 289.
Baumgartner argues the district court erred in allowing her to represent herself because her
waiver of her right to counsel was not “knowing, intelligent and voluntary” based on the totality
of the circumstances. Baumgartner asserts the district court’s “Faretta warnings were inadequate”
and that there could be no “knowing, intelligent and voluntary” waiver while competency
proceedings are pending. We disagree.
A review of the record establishes that Baumgartner knowingly, intelligently, and
voluntarily waived her right to counsel. During the ex parte hearing on Baumgartner’s request for
substitute counsel, the district court informed Baumgartner of her options regarding representation,
including retaining her “own counsel” and “proceed[ing] on [her] own,” which the district court
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“advise[d] against.” The district court also cautioned Baumgartner that there is “a difference
between having an awareness and street smarts and book smarts” and “knowing your way around
the inside of a courtroom.” Baumgartner agreed with the district court, stating “exactly” in
response to the district court’s caution. Thereafter, Baumgartner filed letters with the district court
reiterating her complaints about her public defender and renewing her request for substitute
counsel. The district court determined it was “not going to require the public defender to provide
alternative counsel” and noted that, if Baumgartner elected to represent herself, she would “be
required to comply with all of the rules that lawyers are required to comply with.” Baumgartner
responded, “as long as I’m given those rules.” The district court began discussing Baumgartner’s
right to counsel and the implications of proceeding pro se:
THE COURT: If you wish to fire [your public defender], there’s a colloquy
I will go through with you. It is fairly lengthy because it is
important that you realize that trying a case in a court of law
is a difficult and challenging process even for a trained
professional.
BAUMGARTNER: Exactly.
THE COURT: You will be held to the same exact standards that [the
prosecutor] and [your public defender] would be held to. If
you fail to make an appropriate objection to evidence, that
evidence will come in. If you fail to provide sufficient
foundation for evidence, that evidence will not come in.
You will not be allowed to abrogate the Rules of
Civil [sic1] Procedure. You will not be allowed to abrogate
the Rules of Evidence. You will be your own attorney.
If that is how you wish to proceed, then I will release
[your public defender] from this case and allow you to
proceed pro se. Is that what you’re telling me you wish to
do?
BAUMGARTNER: Yes. And you’ve told me previously that I cannot
represent myself, that I cannot fire [my public defender]. It’s
in the court record.
THE COURT: Ms. Baumgartner, every citizen in the State of Idaho
has the right to represent themselves. I would never have
said, you can’t represent yourself. I would have told you it
is a bad idea, and I would have told you that I was not going
1
It is unclear whether the reference to the Idaho Rules of Civil Procedure is a typographical
error in the transcript or a misstatement by the district court, but we presume the district court was
referring to the Idaho Criminal Rules.
12
to require [your public defender] to appoint alternative
counsel in his office, which was your original request.
BAUMGARTNER: So--
THE COURT: If that is your desire, I am going to ask you a series
of question[sic]. Okay?
BAUMGARTNER: All right. I have some questions beforehand.
THE COURT: I’m not asking for your questions. I’m going to ask
you a series of questions.
Have you ever studied the law?
BAUMGARTNER: No.
THE COURT: Have you ever represented yourself in a criminal
matter?
BAUMGARTNER: Yes.
THE COURT: Do you understand that the crimes that are charged
in this case are aggravated assault and that that carries a
potential prison sentence of up to five years and a potential
fine of up to $5,000?
BAUMGARTNER: Yes. And I am not asking to represent myself. I have
a right to be represented by the public defender’s office.
The district court and Baumgartner discussed her request for substitute counsel. However,
the public defender interjected and moved for a competency evaluation. The district court ordered
the evaluation and indicated it was “passing any decision” on Baumgartner’s request for substitute
counsel until after the evaluation was complete. Baumgartner subsequently sent the district court
more letters indicating that she intended to represent herself “until the issue of counsel is heard
further by the court.” At the next hearing, Baumgartner told the district court that she “fired” her
public defender, prompting the following discussion:
THE COURT: I gave you the option of proceeding pro se. You
rejected that.
BAUMGARTNER: No, I didn’t
THE COURT: Explicitly. I said, Do you wish to proceed--I will ask
you right now. Do you wish to proceed and represent
yourself?
BAUMGARTNER: Yes.
THE COURT: Do you remember all the admonitions I gave you
previously?
BAUMGARTNER: Yes.
THE COURT: You are not trained in the law?
BAUMGARTNER: No.
THE COURT: You understand that you will be held and bound by
the Rules of Civil [sic] Procedure, the Rules of Evidence,
and all the other rules of trial?
13
BAUMGARTNER: Yes.
THE COURT: Okay. And it’s your desire to fire [your public
defender], and proceed pro se?
BAUMGARTNER: Yes.
The district court accepted Baumgartner’s waiver of her right to counsel and allowed her
public defender to withdraw. The district court indicated it was “still going to order the
[competency] evaluation,” prompting Baumgartner to ask the district court how she could obtain
“all the documents and info that is given to the psychologist now that [she was] representing”
herself. The district court responded:
That raises a really good point that I’ve made with you several times
now. I can’t give you legal advice. You have to abide by the rules of the
Court. Okay?
The fact that you may not be well trained is unfortunate because
that’s going to make it a lot more difficult for you, but when you go to
introduce a document that you think is really important, and it’s really great
evidence, if it’s not admissible or if you fail to appreciate why it’s not
admissible, I can’t help you. Okay?
If you go to defend yourself and you want to get in statements from
witness[es] who you believe are really, really helpful but you don’t
understand the hearsay rule, I can’t help you.
So all those things, okay, those are the things that are going to
prohibit you or impede your ability to bring information before this Court
which you may think is really, really important. That is why I advised you
strenuously multiple times to obtain counsel to represent you.
....
Now you’ve chose not to work with [your public defender]. That is
your decision. I understand that. But you will not receive any assistance
from the Court advising you as to how to bring