argued april decided june respondent hired attorney low represent federal drug charge district denied low application admission pro hac vice ground violated professional conduct rule one exception prevented respondent meeting consulting low throughout trial jury found respondent guilty reversing eighth circuit held district erred interpreting disciplinary rule refusal admit low therefore violated respondent sixth amendment right paid counsel choosing violation subject review held trial erroneous deprivation criminal defendant choice counsel entitles reversal conviction pp light government concession erroneous deprivation trial error violated respondent sixth amendment right counsel choice rejects government contention violation complete unless defendant show substitute counsel ineffective within meaning strickland washington performance deficient defendant prejudiced defendant demonstrate substitute counsel performance deficient good counsel choice provided creating reasonable probability result different support propositions government emphasizes right counsel accorded ensure accused receive fair trial mickens taylor asserts trial unfair unless defendant prejudiced right counsel choice however commands trial fair particular guarantee fairness provided wit accused defended counsel believes best cf crawford washington right violated additional showing prejudice required make violation complete pp sixth amendment violation subject analysis erroneous deprivation right counsel choice consequences necessarily unquantifiable indeterminate unquestionably qualifies error sullivan louisiana def ies analysis error standards affec ts framework within trial proceeds simply error trial process arizona fulminante different attorneys pursue different strategies regard myriad trial matters choice attorney affect whether terms defendant cooperates prosecution plea bargains decides go trial impossible know different choices rejected counsel made quantify impact different choices outcome proceedings inquiry comparable required show counsel deficient performance prejudiced defendant pp nothing opinion casts doubt places qualification upon previous holdings limiting right counsel choice recognizing trial courts authority establish criteria admitting lawyers argue however broad trial discretion may accepts government concession district erred pp affirmed remanded scalia delivered opinion stevens souter ginsburg breyer joined alito filed dissenting opinion roberts kennedy thomas joined petitioner cuauhtemoc writ certiorari appeals eighth circuit june justice scalia delivered opinion must decide whether trial erroneous deprivation criminal defendant choice counsel entitles reversal conviction respondent cuauhtemoc charged eastern district missouri conspiracy distribute kilograms marijuana family hired attorney john fahle represent arraignment respondent called california attorney joseph low discuss whether low represent either addition instead fahle low flew california meet respondent hired time later low fahle represented respondent evidentiary hearing magistrate judge magistrate judge accepted low provisional entry appearance permitted low participate hearing condition immediately file motion admission pro hac vice hearing however magistrate judge revoked provisional acceptance ground passing notes fahle low violated rule restricting witness one counsel following week respondent informed fahle wanted low attorney low filed application admission pro hac vice district denied application without comment month later low filed second application district denied without explanation low appeal form application writ mandamus dismissed appeals eighth circuit fahle filed motion withdraw counsel hearing consider sanctions low fahle asserted contacting respondent respondent represented fahle low violated mo rule professional conduct prohibits lawyer representing client communicat ing subject representation party represented another lawyer without lawyer consent low filed motion strike fahle motion district granted fahle motion withdraw granted continuance respondent find new representation respondent retained local attorney karl dickhaus trial district denied low motion strike first time explained denied low motions admission pro hac vice primarily separate case low violated rule communicating represented party case proceeded trial dickhaus represented respondent low moved admission denied also denied dickhaus request low counsel table ordered low sit audience contact dickhaus proceedings enforce order marshal sat low dickhaus trial respondent unable meet low throughout trial except last night jury found respondent guilty trial district granted fahle motion sanctions low read rule forbid low contact respondent without fahle permission also reiterated denied low motions admission ground low violated rule separate matter respondent appealed eighth circuit vacated conviction first held district erred interpreting rule prohibit low conduct case separate matter district based denials admission motions district denials motions therefore erroneous violated respondent sixth amendment right paid counsel choosing see concluded sixth amendment violation subject review see granted certiorari ii sixth amendment provides criminal prosecutions accused shall enjoy right assistance counsel defence previously held element right right defendant require appointed counsel choose represent see wheat cf powell alabama hardly necessary say right counsel conceded defendant afforded fair opportunity secure counsel choice government agrees previously sixth amendment guarantees defendant right represented otherwise qualified attorney defendant afford hire willing represent defendant even though without funds caplin drysdale chartered sure right counsel choice circumscribed several important respects wheat supra government dispute eighth circuit conclusion case district erroneously deprived respondent counsel choice government contends however sixth amendment violation complete unless defendant show substitute counsel ineffective within meaning strickland washington substitute counsel performance deficient defendant prejudiced alternative government contends defendant must least demonstrate counsel choice pursued different strategy created reasonable probability result proceedings different words prejudiced within meaning strickland denial counsel choice even substitute counsel performance constitutionally support propositions government points prior cases note right counsel accorded sake effect ability accused receive fair trial mickens taylor internal quotation marks omitted trial unfair thus sixth amendment violated government reasons unless defendant prejudiced stated broadly government argument effect reads sixth amendment detailed version due process clause proceeds give effect details true enough purpose rights set forth amendment ensure fair trial follow rights disregarded long trial whole fair government urges upon us urged upon us successfully one time see ohio roberts regard sixth amendment right confrontation line reasoning abstracts right purposes eliminates right maryland craig scalia dissenting since argued purpose confrontation clause ensure reliability evidence long testimonial hearsay bore indicia reliability confrontation clause violated see roberts supra rejected argument prior cases accepted crawford washington saying confrontation clause commands evidence reliable reliability assessed particular manner testing crucible also sixth amendment right counsel choice commands trial fair particular guarantee fairness provided wit accused defended counsel believes best constitution guarantees fair trial due process clauses defines basic elements fair trial largely several provisions sixth amendment including counsel clause strickland supra sum right stake right counsel choice right fair trial right violated deprivation counsel erroneous additional showing prejudice required make violation complete cases government relies involve right effective assistance counsel violation generally requires defendant establish prejudice see strickland supra mickens supra cronic earliest case generally cited proposition right counsel right effective assistance counsel mcmann richardson based due process clause rather sixth amendment see powell cited mcmann supra even recognition right effective counsel within sixth amendment consequence perception representation counsel critical ability adversarial system produce results strickland supra derived right effective representation purpose ensuring fair trial logically enough also derived limits right purpose see mickens supra requirement defendant show prejudice effective representation cases arises nature specific element right counsel issue effective representation counsel ineffective unless mistakes harmed defense least unless reasonably likely thus violation sixth amendment right effective representation complete defendant prejudiced see strickland supra right select counsel one choice contrast never derived sixth amendment purpose ensuring fair regarded root meaning constitutional guarantee see wheat see generally beaney right counsel american courts cf powell supra right assisted counsel one choice wrongly denied therefore unnecessary conduct ineffectiveness prejudice inquiry establish sixth amendment violation deprivation right complete defendant erroneously prevented represented lawyer wants regardless quality representation received argue otherwise confuse right counsel choice right particular lawyer regardless comparative effectiveness right effective counsel imposes baseline requirement competence whatever lawyer chosen appointed iii concluded light government concession erroneous deprivation trial violated respondent sixth amendment right counsel choice must consider whether error subject review harmlessness arizona fulminante divided constitutional errors two classes first called trial error errors occurred presentation case jury effect may quantitatively assessed context evidence presented order determine whether harmless beyond reasonable doubt internal quotation marks omitted include constitutional errors second class constitutional error called structural defects defy analysis standards affec framework within trial proceeds simply error trial process see also neder errors include denial counsel see gideon wainwright denial right see mckaskle wiggins denial right public trial see waller georgia denial right trial jury giving defective instruction see sullivan louisiana little trouble concluding erroneous deprivation right counsel choice consequences necessarily unquantifiable indeterminate unquestionably qualifies error different attorneys pursue different strategies regard investigation discovery development theory defense selection jury presentation witnesses style witness examination jury argument choice attorney affect whether terms defendant cooperates prosecution plea bargains decides instead go trial light myriad aspects representation erroneous denial counsel bears directly framework within trial proceeds fulminante supra indeed whether proceeds impossible know different choices rejected counsel made quantify impact different choices outcome proceedings many counseled decisions including involving plea bargains cooperation government even concern conduct trial analysis context speculative inquiry might occurred alternate universe government acknowledges deprivation choice counsel pervades entire trial points counsel ineffectiveness may also yet allow reversal conviction reason without showing prejudice requirement showing prejudice ineffectiveness claims stems definition right issue matter showing violation harmless showing violation right effective representation occurred violation occurs whenever defendant choice wrongfully denied moreover counsel ineffectiveness pervades trial extent detect identifiable mistakes assess mistakes affected outcome determine effect wrongful denial choice counsel however looking mistakes committed actual counsel differences defense made rejected counsel matters ranging questions asked voir dire intangibles argument style relationship prosecutors speculate upon matters rejected counsel handled differently indeed handled benefit courtroom style longstanding relationship trust prosecutors speculate upon effect different choices different intangibles might difficulties conducting two assessments prejudice remotely iv nothing said today casts doubt places qualification upon previous holdings limit right counsel choice recognize authority trial courts establish criteria admitting lawyers argue dissent discusses post right counsel choice extend defendants require counsel appointed see wheat moreover independent interest ensuring criminal trials conducted within ethical standards profession legal proceedings appear fair observe wheat supra none limitations right choose one counsel relevant case power enforce rules adhere practices determine attorneys may appear make scheduling decisions effectively exclude defendant first choice counsel however broad discretion may government conceded district erred denied respondent choice counsel accepting premise hold error violated respondent sixth amendment right counsel choice violation subject analysis judgment appeals affirmed case remanded proceedings consistent opinion ordered petitioner cuauhtemoc writ certiorari appeals eighth circuit june justice alito chief justice justice kennedy justice thomas join dissenting disagree conclusion criminal conviction must automatically reversed whenever trial errs applying rules regarding pro hac vice admissions result prevents defendant represented trial defendant attorney instead defendant required make least showing trial erroneous ruling adversely affected quality assistance defendant received view majority contrary holding based incorrect interpretation sixth amendment misapplication principles respectfully dissent majority makes subtle important mistake outset characterization sixth amendment guarantees majority sixth amendment protects right defendant require appointed counsel choose represent ante sixth amendment actually protects however right assistance defendant counsel choice able provide follows erroneous disqualification defendant counsel choice impair assistance defendant receives trial violation sixth language sixth amendment supports interpretation assistance counsel clause focuses defendant entitled receive assistance rather identity provider background adoption sixth amendment points direction specific evil assistance counsel clause aimed english rule severely limiting felony defendant ability assisted counsel ash core purpose counsel guarantee assure trial thereby assure fairness adversary criminal process morrison essential aim amendment ensure defendant inexorably represented lawyer prefers wheat cf morris slappy reject claim sixth amendment guarantees relationship accused counsel doubt course right assistance counsel carries limited right represented counsel choice time adoption bill rights availability appointed counsel generally right inevitably played defendant right assistance counsel necessarily meant right assistance whatever counsel defendant able secure beginning right counsel choice circumscribed one thing defendant choice counsel always restricted rules governing admission practice question judiciary act made clear providing parties courts right assistance counsel attorneys law rules said courts respectively shall permitted manage conduct cases therein ch stat therefore defendant attorney eligible appear rules particular defendant right represented attorney indeed defendant top top choices attorneys eligible appear question defendant right represented today rules governing admission practice particular courts continue limit ability criminal defendant represented counsel choice see wheat right counsel choice also limited rules even defendant aware attorney choice conflict even defendant eager waive objection defendant constitutional right represented attorney see similarly right represented counsel choice limited mundane considerations trial judge schedules trial begin particular date defendant counsel choice already committed trials time thereafter trial judge discretion appropriate circumstances refuse postpone trial date thereby effect force defendant forgo counsel choice see slappy supra hughey limitations right counsel choice tolerable focus right quality representation defendant receives identity attorney provides representation limiting defendant attorneys willing available eligible represent defendant still leaves defendant pool attorneys choose jurisdictions today large diverse pool thus restrictions generally adverse effect defendant ability secure best assistance defendant circumstances permit sixth amendment focuses quality assistance counsel choice provided hold erroneous disqualification counsel violate sixth amendment unless ruling diminishes quality assistance defendant otherwise received require defendant show attorney constitutionally ineffective within meaning strickland washington rather defendant entitled new trial defendant show identifiable difference quality representation disqualified counsel attorney represents defendant trial rodriguez chandler cert denied approach fully consistent prior decisions never held erroneous disqualification counsel violates sixth amendment prejudice stated several cases sixth amendment protects defendant right counsel choice see caplin drysdale chartered wheat supra powell alabama occasion cases consider whether violation right shown prejudice opinions cases refer question therefore unreasonable read general statements regarding counsel choice addressing issue ii even accepting majority holds erroneous disqualification counsel choice always violates sixth amendment still follow reversal required cases constitution terms mandate particular remedy violations provisions instead bound case federal rule criminal procedure instructs federal courts disregar ny error affect substantial rights see also chapman california exceptions recognized rule limited class fundamental constitutional errors analysis harmless error standards neder quoting arizona fulminante see also chapman supra errors render trial fundamentally unfair deprive defendants protections without criminal trial reliably serve function vehicle determination guilt innocence criminal punishment may regarded fundamentally fair neder supra quoting rose clark second omission original see also ante listing errors thus neder rejected argument omission element crime jury instruction necessarily render criminal trial fundamentally unfair unreliable vehicle determining guilt innocence fact case quite opposite true neder tried impartial judge correct standard proof assistance counsel fairly selected impartial jury instructed consider evidence argument respect neder defense ibid neder situation impartial judge correct standard proof assistance counsel fair jury much like respondent fundamental unfairness inexorably follow denial counsel decision retain particular lawyer often uninformed cuyler sullivan defendant lawyer may thus turn better defendant lawyer often defendant lawyers may simply indistinguishable possibilities justify violating right choice counsel make hard put characterize violation always render ing trial unfair neder supra fairness may limit right see ante inform remedy always nearly always impossible determine whether first choice provided better representation second choice undoubtedly cases prosecution little difficulty showing attorney better qualified least qualified defendant initial choice cases evident trial judge difference ability strategy possibly affected outcome trial requiring defendant fall back attorney comparable denying defendant right represented counsel refusing permit defendant receive assistance counsel epitome fundamental unfairness far effect outcome concerned much difficult assess effect complete denial counsel assess effect merely preventing representation defendant attorney sure effect erroneous disqualification hard gauge prosecution unable meet burden showing error harmless beyond reasonable doubt justify eliminating possibility showing harmless error cases majority focus trial error structural defect dichotomy misleading fulminante used terms denote two poles constitutional error appeared prior cases trial errors always lead review structural defects always lead automatic reversal see suggest trial errors sorts errors amenable review errors affecting framework within trial proceeds structural touchstone structural error fundamental unfairness unreliability automatic reversal strong medicine reserved constitutional errors always necessarily neder supra emphasis original produce unfairness iii either two courses outlined requiring least showing prejudice engaging review avoid anomalous unjustifiable consequences follow majority rule error without prejudice followed automatic reversal majority holding defendant erroneously required go trial attorney automatically entitled new trial even attorney performed brilliantly contrast defendant whose attorney ineffective constitutional sense made errors serious counsel functioning guaranteed sixth amendment strickland obtain relief without showing prejudice majority holding trial may adopt rules severely restricting pro hac vice admissions cf leis flynt per curiam adopts generous rule errs interpreting applying error automatically requires reversal conviction regardless whether erroneous ruling effect defendant majority holding defendants awarded new trials even though clear erroneous disqualification counsel prejudice least suppose example defendant initially represented attorney previously represented defendant civil matters little criminal experience suppose attorney erroneously disqualified defendant able secure services nationally acclaimed highly experienced criminal defense attorney secures surprisingly favorable result trial instance acquittal counts majority holding trial erroneous ruling automatically means sixth amendment violated even defendant makes attempt argue disqualified attorney done better job fact defendant still entitled new trial counts conviction even defendant publicly proclaimed verdict second attorney provided better representation attorney country possibly done cases stark hypothetical unlikely certainly cases erroneous disqualification defendant counsel neither seriously upsets defendant preferences impairs defendant representation trial noted defendant lawyer may sometimes better defendant lawyer defendants retain counsel frequently forced choose among attorneys know limited information thus defendant may strong preference one candidates addition attorneys considered charge roughly comparable fees may also roughly comparable experience ability circumstances erroneous disqualification defendant attorney may simply mean defendant represented attorney defendant nearly chose initially able provide representation good furnished disqualified attorney light realities mandating reversal without even minimal showing prejudice part defendant unwarranted consequences majority holding particularly severe federal system systems allow defendant take interlocutory appeal counsel disqualified see flanagan systems appellate review typically occurs defendant tried convicted point appellate concludes trial judge made marginally incorrect ruling applying pro hac vice rules appellate alternative order new trial even even claim prejudice sixth amendment require results believe showing prejudice required establish violation sixth amendment vacate remand let appeals determine whether prejudice however assuming sake argument prejudice required believe violation like constitutional violations amenable review statutes demand precedents bar vacate remand let appeals determine whether error harmless case footnotes dissent proposes yet third standard defendant must show identifiable difference quality representation disqualified counsel attorney represents defendant trial post opinion alito proposal suffers infirmities outlined later text beset government positions addition however greatly impairs clarity law judge know identifiable difference consists whereas government least appeals strickland case law dissent claim way precedential support rule consistent cases never discussed issue prejudice id dissent resists giving effect cases recognition government concession defendant right defended counsel choosing argues sixth amendment guarantees right assistance counsel violated unless erroneous disqualification defendant counsel choice impair assistance defendant receives trial post opinion alito cases government concession mean anything sixth amendment violated erroneous disqualification counsel impair assistance defendant receives trial counsel chose wheat formulated right counsel choice discussed limitations upon took note overarching purpose fair trial holding trial discretion disallow first choice counsel create serious risk conflict interest one thing conclude right counsel choice may limited need fair trial quite another say right exist unless denial renders trial unfair dissent criticizes us trial defect dichotomy asserting fulminante never said trial errors sorts errors amenable review errors affecting framework within trial proceeds structural post opinion alito internal quotation marks citation omitted although hard read case anything dividing constitutional error two comprehensive categories ensuing analysis fact relies neither upon comprehensiveness upon trial error touchstone availability review rather done past rest conclusion structural error upon difficulty assessing effect error see waller georgia violation guarantee subject harmlessness review benefits public trial frequently intangible difficult prove matter chance vasquez hillery hen petit jury selected upon improper criteria exposed prejudicial publicity required reversal conviction effect violation ascertained dissent use fundamental unfairness sole criterion structural error cites case determining factor see neder quoted dissent post criterion used addition cases using difficulty assessment test also relied irrelevance harmlessness see mckaskle wiggins since right right exercised usually increases likelihood trial outcome unfavorable defendant denial amenable error analysis thus dissent creates single inflexible criterion inconsistent reasoning precedents asserts errors always necessarily render trial fundamentally unfair unreliable structural post discussion analysis required conduct review dissent focuses counsel better see post opinion alito focus effect making analysis look achievable fundamentally inconsistent principle dissent purports accept sake argument sixth amendment violated without showing harm quality representation cf mckaskle supra framing inquiry terms expressing indignation thought defendant may receive new trial actual counsel least effective one wanted dissent betrays misunderstanding nature right counsel choice confusion right right effective assistance counsel footnotes view consistent government concession sixth amendment encompasses defendant right select counsel represent criminal prosecution brief though right circumscribed several important respects citation internal quotation marks omitted see act apr ch stat providing appointment counsel capital cases betts brady surveying state statutes powell case generally cited first noting defendant right counsel choice powell involved infamous trial defendants prevented obtaining counsel choice instead constrained proceed counsel dubious effectiveness held denied due process fair opportunity secure counsel one choice necessary concomitant right counsel cf failure trial give petitioners reasonable time opportunity secure counsel clear denial due process clear facts case referring denial opportunity choose counsel certainly said nothing suggest violation right counsel choice established without showing prejudice wheat held trial judge erred declining defendant waiver right counsel therefore need consider whether incorrect ruling required reversal defendant conviction absence showing prejudice noted right select represented one preferred attorney comprehended sixth amendment went stress right circumscribed several important respects including requirement bar membership rules conflicts interest wheat suggest violation limited sixth amendment right counsel choice established without showing prejudice statements sixth amendment purpose essential aim providing effective advocacy fair trial suggest opposite finally caplin drysdale held challenged action trial judge entering order forfeiting funds defendant earmarked use paying attorneys proper accordingly occasion address issue prejudice recognized sixth amendment guarantees defendant right represented otherwise qualified attorney defendant afford hire willing represent defendant even though without funds added hatever full extent sixth amendment protection one right retain counsel choosing protection go beyond individual right spend money obtain advice assistance counsel omission original