United States v. Jose E. Panzardi Alvarez, A/K/A \Polo\"", 816 F.2d 813 (1st Cir. 1987). · Go Syfert
United States v. Jose E. Panzardi Alvarez, A/K/A \Polo\"", 816 F.2d 813 (1st Cir. 1987). Cases Citing This Book View Copy Cite
121 citation events (63 in the last 25 years) across 27 distinct courts.
Strongest positive: United States v. Matta-Quinones (ca1, 2025-06-09) · Strongest negative: United States v. Nichols (ca10, 1988-04-22)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Nichols
10th Cir. · 1988 · signal: but see · confidence high
Williams v. Nix, 751 F.2d 956, 959-60 (8th Cir.), cert. denied, 471 U.S. 1138 , 105 S.Ct. 268 , 86 L.Ed.2d 699 (1985); Ford, 701 F.2d at 692-93 ; but see United States v. Panzardi Alvarez, 816 F.2d 813, 815-18 (1st Cir.1987) (local rule limiting out-of-state attorneys to one pro hac vice appearance annually fails to advance interest in regulating conduct of attorneys).
discussed Cited "but see" United States v. Nichols
10th Cir. · 1988 · signal: but see · confidence high
Williams v. Nix, 751 F.2d 956, 959-60 (8th Cir.), cert. denied, 471 U.S. 1138 , 105 S.Ct. 268 , 86 L.Ed.2d 699 (1985); Ford, 701 F.2d at 692-93 ; but see United States v. Panzardi Alvarez, 816 F.2d 813, 815-18 (1st Cir.1987) (local rule limiting out-of-state attorneys to one pro hac vice appearance annually fails to advance interest in regulating conduct of attorneys).
discussed Cited as authority (verbatim quote) United States v. Matta-Quinones
1st Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
local rules of court designed to regulate attorney conduct cannot unduly handicap the constitutional right of an accused to counsel of his choice.
discussed Cited as authority (verbatim quote) Campbell v. Rice
9th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
the right to choose one's counsel is an end in itself; its deprivation cannot be deemed harmless
discussed Cited as authority (rule) United States v. Cardozo
1st Cir. · 2023 · signal: cf. · confidence medium
Cf. United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir. 1987) (explaining that, in criminal context, deference to choice of counsel guarantees "basic trust between counsel and client, which is a cornerstone of the adversary system" (quoting Wilson v. Mintzes, 761 F.2d 275, 279 (6th Cir. 1985))).
discussed Cited as authority (rule) United States v. Mejia-Encarnacion
1st Cir. · 2018 · confidence medium
Although an "essential component of that right is the accused's opportunity to obtain counsel of his own choice," United States v. Díaz-Rodríguez, 745 F.3d 586, 590 (1st Cir. 2014) (quoting United States v. Panzardi Alvarez, 816 F.2d 813, 815 (1st Cir. 1987)), the Sixth Amendment does not give a defendant "an unbounded right to the particular counsel of his choosing," Jones, 778 F.3d at 388 .
cited Cited as authority (rule) United States v. Moreno
D.P.R. · 2015 · confidence medium
United States v. Rivera-Hernandez, 332 F.Supp.2d 423, 430 (D.P.R.2004) (citing United States v. Panzardi, 816 F.2d 813, 815 (1st Cir.1987)).
discussed Cited as authority (rule) United States v. Díaz-Rodríguez
1st Cir. · 2014 · confidence medium
An “essential component of that right is the accused’s opportunity to obtain counsel of his own choice.” United States v. Panzardi Alvarez, 816 F.2d 813, 815 (1st Cir.1987) (citing Powell v. Alabama, 287 U.S. 45 , 53 S.Ct. 55 , 77 L.Ed. 158 (1932)).
discussed Cited as authority (rule) United States v. Diaz-Rodriguez
1st Cir. · 2014 · confidence medium
An "essential component of that right is the accused's opportunity to obtain counsel of his own choice." United -5- States v. Panzardi Alvarez, 816 F.2d 813, 815 (1st Cir. 1987) (citing Powell v. Alabama, 287 U.S. 45 (1932)).
discussed Cited as authority (rule) Shaw v. State
Ala. Crim. App. · 2013 · confidence medium
A prisoner’s exercise of his or her right to discharge his or her lawyer cannot be permitted to ‘unduly hinder the fair, efficient and orderly administration of justice.’ United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987) (citations omitted).
discussed Cited as authority (rule) United States v. Caramadre
D.R.I. · 2012 · confidence medium
Accordingly, the Court must give considerable deference to a defendant’s choice of counsel, United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987), and disqualification of counsel “should be a measure of last resort.” In re Grand Jury Proceedings, 859 F.2d 1021, 1026 (1st Cir.1988) (internal quotation marks and citation omitted) (holding that, in the absence of evidence of an actual or serious potential conflict of interest, the district court should not disqualify a defendant’s counsel of choice).
discussed Cited as authority (rule) State v. Kates (2×) also: Cited "see, e.g."
N.J. Super. Ct. App. Div. · 2012 · confidence medium
Deprivation of the right is "complete" when the defendant is erroneously prevented from being represented by the lawyer he wants, regardless of the quality of the representation he received. [ Gonzalez-Lopez, supra, 548 U.S. at 148 , 126 S.Ct. at 2563 , 165 L.Ed. 2d at 419 .] See also United States v. Smith, 618 F. 3d 657 , 667 n. 2 (7th Cir.2010); United States v. Voigt, 89 F. 3d 1050, 1074 (3d Cir.1996); Bland v. California, 20 F. 3d 1469, 1478 (9th Cir.1994), overruled on other grounds Schell v. Witek, 218 F. 3d 1017, 1025 (9th *937 Cir.2000); United States v. Panzardi Alvarez, 816 F. 2d 81…
discussed Cited as authority (rule) Mateo v. Empire Gas Co.
D.P.R. · 2012 · confidence medium
That is why in United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987), a criminal case, the First Circuit reversed the trial court’s denial of out-of-state attorney’s pro hac vice admission (the sole counsel of accused’s choice), finding that it constituted a Sixth Amendment violation.
discussed Cited as authority (rule) Lovin v. State
Tenn. · 2009 · confidence medium
A prisoner’s exercise of his or her right to discharge his or her lawyer cannot be permitted to “unduly hinder the fair, efficient and orderly administration of justice.” United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987) (citations omitted).
examined Cited as authority (rule) State v. Barber (3×) also: Cited "see"
Utah Ct. App. · 2009 · confidence medium
See, e.g., Collins, 920 F.2d at 625 ("[A] defendant's right to retain counsel of his choice ... may not be insisted upon in a manner that will obstruct an orderly procedure in courts of justice ...." (internal quotation marks omitted)); United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987) ("An accused's right to choose his own counsel cannot be manipulated to delay proceedings or hamper the prosecution."). $43 Thus, if the trial court determines that substitution or appointment of counsel would obstruct the orderly procession of the case, for example, if "a defendant attempts to…
discussed Cited as authority (rule) State v. Bido
R.I. · 2008 · confidence medium
A defendant’s “right to choose his own counsel cannot be manipulated to delay proceedings or hamper the prosecution.” Snell, 892 A.2d at 120 (quoting United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987)).
discussed Cited as authority (rule) State of Arizona v. James Prentiss Coghill
Ariz. Ct. App. · 2007 · confidence medium
See United States v. Walters, 309 F.3d 589, 592 (9th Cir. 2002) (right to choice of counsel may only be abridged to serve some “‘compelling purpose’” related to “‘fair, efficient and orderly administration of justice’”), quoting United States v. D’Amore, 56 F.3d 1202, 1204 (9th Cir. 1995), overruled on other grounds by United States v. Garrett, 179 F.3d 1143 (9th Cir. 1999); United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir. 1987). 23 ¶44 But, in filing the pro hac vice motion, Coghill did not inform the trial court that his father resided in Arizona.
discussed Cited as authority (rule) State v. Coghill
Ariz. Ct. App. · 2007 · confidence medium
See United States v. Walters, 309 F.3d 589, 592 (9th Cir.2002) (right to choice of counsel may only be abridged to serve some “ ‘compelling purpose’ ” related to “ ‘fair, efficient and orderly administration of justice’ ”), quoting United States v. D’Amore, 56 F.3d 1202, 1204 (9th Cir.1995), overruled on other grounds by United States v. Garrett, 179 F.3d 1143 (9th Cir.1999); United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987). *589 ¶ 44 But, in filing the pro hoc vice motion, Coghill did not inform the trial court that his father resided in Arizona.
discussed Cited as authority (rule) United States v. Gaffney
1st Cir. · 2006 · confidence medium
In particular, the right to choose one’s counsel must be balanced against “the fair, efficient and orderly administration of justice ... [and] cannot be manipulated to delay proceedings or hamper the prosecution.” United States v. Panzardi-Alvarez, 816 F.2d 813, 816 (1st Cir.1987).
discussed Cited as authority (rule) United States v. Stein
S.D.N.Y. · 2006 · confidence medium
United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987) (internal citation and quotation omitted); see also Wilson v. Mintzes, 761 F.2d 275, 279 (6th Cir.1985) ("[R]ecognition of the right [to counsel of choice] also reflects constitutional protection of the accused's free choice”).
discussed Cited as authority (rule) People v. Bingham (2×)
Ill. App. Ct. · 2006 · confidence medium
Ed. 2d 722 , 126 S. Ct. 979 (2006); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir. 1987).
discussed Cited as authority (rule) People v. Bingham (2×)
Ill. App. Ct. · 2006 · confidence medium
Ed. 2d 722 , 126 S. Ct. 979 (2006); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir. 1987).
discussed Cited as authority (rule) State v. Snell
R.I. · 2006 · confidence medium
Accordingly, it has been said that “[a]n accused’s right to choose his own counsel cannot be manipulated to delay proceedings or hamper the prosecution.” United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987).
discussed Cited as authority (rule) United States v. Cuauhtemoc Gonzalez-Lopez, Also Known as Tomas (2×) also: Cited "see"
8th Cir. · 2005 · confidence medium
See United States v. Voigt, 89 F.3d 1050, 1074 (3d Cir.1996); United States v. Childress, 58 F.3d 693, 736 (D.C.Cir.1995) (per curiam); Bland v. California, 20 F.3d 1469, 1478 (9th Cir.1994), overruled on other grounds by Schell v. Witek, 218 F.3d 1017 (9th Cir.2000); United States v. Mendoza-Salgado, 964 F.2d 993, 1015-16 (10th Cir.1992); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987); Wilson v. Mintzes, 761 F.2d 275, 285-86 (6th Cir.1985).
discussed Cited as authority (rule) United States v. Rivera-Hernandez
D.P.R. · 2004 · confidence medium
United States v. Panzardi, 816 F.2d 813, 815 (1st Cir.1987), citing United States v. Diozzi, 807 F.2d 10, 12 (1st Cir.1986); United States v. Allen, 789 F.2d 90, 92 (1st Cir.), cert, denied, 479 U.S. 846 , 107 S.Ct. 164 , 93 L.Ed.2d 103 (1986).
discussed Cited as authority (rule) United States v. Ronnie Theodore Walters
9th Cir. · 2002 · confidence medium
“A criminal defendant’s exercise of this right cannot unduly hinder the fair, efficient and orderly administration of justice.” United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987) (citations omitted).
discussed Cited as authority (rule) United States v. Woodard
1st Cir. · 2002 · confidence medium
Thus, when a defendant seeks new counsel, the court must balance her "interest in retaining counsel of his choice against the public's interest in the prompt, fair and ethical administration of justice." United States v. Richardson , 894 F.2d 492, 496 (1st Cir. 1990) (quoting United States v. Panzardi-Alvarez , 816 F.2d 813, 817 (1st Cir. 1987)).
discussed Cited as authority (rule) United States v. Woodard
1st Cir. · 2002 · confidence medium
Thus, when a defendant seeks new counsel, the court must balance her “interest in retaining counsel of his choice against the public’s interest in the prompt, fair and ethical administration of justice.” United States v. Richardson, 894 F.2d 492, 496 (1st Cir.1990) (quoting United States v. Panzardi Alvarez, 816 F.2d 813, 817 (1st Cir.1987)).
discussed Cited as authority (rule) Oblander v. Hamilton
D. Kan. · 2000 · confidence medium
However, the court must respect a defendant’s choice of retained counsel “ ‘unless it would unreasonably delay proceedings or burden the court with retained counsel who was incompetent or unwilling to abide by court rules and ethical guidelines.’ ” Collins, 920 F.2d at 626 (quoting United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir. 1987)).
cited Cited as authority (rule) United States v. Miriam Santos
7th Cir. · 2000 · confidence medium
Cir.1995) (per curiam); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987).
discussed Cited as authority (rule) Paciulan v. George
N.D. Cal. · 1999 · confidence medium
See, e.g., Fuller v. Diesslin, 868 F.2d 604, 606 (3d Cir.), cert. denied, Perretti v. Fuller, 493 U.S. 873 , 110 S.Ct. 203 , 107 L.Ed.2d 156 (1989); U.S. v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987).
discussed Cited as authority (rule) People v. Knowles
NY · 1996 · confidence medium
Accordingly, judicial interference with an established attorney-client relationship in the name of trial management may be tolerable only where the court first determines that counsel's participation presents a conflict of interest or where defense *767 tactics may compromise the orderly management of the trial or the fair administration of justice ( see , People v Arroyave , 49 N.Y.2d 264, 271 , supra ; United States v Panzardi Alvarez , 816 F.2d 813, 816 [1st Cir 1987]).
discussed Cited as authority (rule) Walter A. Tolliver v. William Dallman
6th Cir. · 1995 · confidence medium
See also Bland, 20 F.3d at 1478 ; United States v. Collins, 920 F.2d 619, 625 (10th Cir.1990), cert. denied, 500 U.S. 920 (1991); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987); United States v. Harvey, 814 F.2d 905, 926 (4th Cir.1987), reh'g granted in part, sub nom.
discussed Cited as authority (rule) United States v. Zarina Lenetta Mullen, A/K/A Z
4th Cir. · 1994 · confidence medium
Most such cases involve a motion for substitution made shortly before or during trial, multiple substitutions, or both. 3 Such cases recognize the substantial interest of the trial courts in keeping their dockets moving, ie., “[a]n accused’s right to choose his own counsel cannot be manipulated to delay proceedings or hamper the prosecution.” United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987); see Hanley, 974 F.2d at 17 ; Gallop, 838 F.2d at 108 .
cited Cited as authority (rule) State v. Hamilton
Conn. · 1994 · confidence medium
The right to choose one’s counsel is an end in itself; its deprivation cannot be harmless.” United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir. 1987).
discussed Cited as authority (rule) United States v. Hilario Mendoza-Salgado, United States of America v. Ramon Edwardo Garcia
10th Cir. · 1992 · confidence medium
However, the court must respect a defendant’s choice of retained counsel “ 'unless it would unreasonably delay proceedings or burden the court with retained counsel who was incompetent or unwilling to abide by court rules and ethical guidelines.’ ” Collins, 920 F.2d at 626 (quoting United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987)).
examined Cited as authority (rule) United States v. Roy W. Collins (3×) also: Cited "see"
10th Cir. · 1990 · confidence medium
United States v. Novak, 903 F.2d 883, 886 (2d Cir.1990); Fuller v. Diesslin, 868 F.2d 604 , 606 (3d Cir.1989); United States v. Wheat, 813 F.2d 1399, 1402 (9th Cir.1987), aff'd, 486 U.S. 153 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988); United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir. 1987); Wilson, 761 F.2d at 281 .
discussed Cited as authority (rule) United States v. Wesner Richardson (2×)
1st Cir. · 1990 · confidence medium
Thus, we have recognized that "when an accused is financially able to retain an attorney, the choice of counsel to assist him rests ultimately in his hands and not the hands of the state." United States v. Panzardi-Alvarez, 816 F.2d 813, 816 (1st Cir.1987) [hereinafter Panzardi I] (quoting Wilson v. Mintzes, 761 F.2d 275, 280 (6th Cir.1985)).
discussed Cited as authority (rule) Jose E. Panzardi-Alvarez v. United States (2×) also: Cited "see"
1st Cir. · 1989 · signal: cf. · confidence medium
Overmyer Co. v. Robson, 750 F.2d 31 (6th Cir.1984) (affirming the bankruptcy court’s denial of pro hac vice admission when there was some evidence of conflict of interest that had not been reported to the court); Fred Weber, Inc. v. Shell Oil Co., 566 F.2d 602 (8th Cir.1977) (acknowledging power of district court to disqualify attorney if representation raised the “mere appearance of impropriety”), cert. denied, 436 U.S. 905 , 98 S.Ct. 2235 , 56 L.Ed.2d 403 (1978); Hull v. Celanese Corp., 513 F.2d 568 (2d Cir.1975) (denial of application because of conflict of interest); Thomas v. Cassid…
discussed Cited as authority (rule) United States v. Andrews Bruce Campbell (2×) also: Cited "see"
1st Cir. · 1989 · confidence medium
United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir.1987). *849 The case at bar is different from those discussed above because it involves standby counsel.
discussed Cited as authority (rule) Fuller v. Diesslin
3rd Cir. · 1989 · confidence medium
See also Rankin, 779 F.2d at 960 (arbitrary denial of defendant's request for counsel of choice requires reversal without showing of prejudice); Laura, 607 F.2d at 57-58 (same); United States v. Panzardi Alvarez, 816 F.2d 813, 817 (1st Cir.1987) (mechanistic application of local rule that permits district judge to arbitrarily deny defendant's request for counsel of choice requires reversal). 15 New Jersey has offered the following not insubstantial arguments for a conclusion that Romano should not control the outcome of this case, but rather the right to counsel of choice should be governed by…
cited Cited as authority (rule) Commonwealth v. Burbank
Mass. App. Ct. · 1989 · confidence medium
See Commonwealth v. Dunne, 394 Mass. 10, 14 (1985); United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir. 1987).
discussed Cited as authority (rule) Fuller v. Diesslin
3rd Cir. · 1989 · confidence medium
See also Rankin, 779 F.2d at 960 (arbitrary denial of defendant’s request for counsel of choice requires reversal without showing of prejudice); Laura, 607 F.2d at 57-58 (same); United States v. Panzardi Alvarez, 816 F.2d 813, 817 (1st Cir.1987) (mechanistic application of local rule that permits district judge to arbitrarily deny defendant's request for counsel of choice requires reversal).
cited Cited as authority (rule) Commonwealth v. Fogarty
Mass. App. Ct. · 1988 · confidence medium
See Commonwealth v. Dunne, 394 Mass. 10, 14 (1985); United States v. Panzardi Alvarez, 816 F.2d 813, 816 (1st Cir. 1987).
discussed Cited as authority (rule) United States v. Panzardi-Alvarez (2×) also: Cited "see"
D.P.R. · 1988 · confidence medium
E.g., United States v. Panzardi-Alvarez, 816 F.2d 813, 816 (1st Cir.1987); United States v. O’Malley, 786 F.2d 786, 789-93 (7th Cir. 1986); United States v. Dinitz, 538 F.2d 1214, 1219 (5th Cir.1976), reh. denied, 542 F.2d 1174 (1976), cert. denied, 429 U.S. 1104 , 97 S.Ct. 1133 , 51 L.Ed.2d 556 (1977).
cited Cited as authority (rule) United States v. Cooper
D.R.I. · 1987 · confidence medium
U.S. v. Panzardi Alvarez, 816 F.2d 813, 815 (1st Cir.1987) (quoting Powell v. Alabama, 287 U.S. 45, 53 , 53 S.Ct. 55, 58 , 77 L.Ed. 158 (1932)).
discussed Cited "see" United States v. José Mulero-Vargas [1]
usdistct · 2019 · signal: see · confidence high
This presumption, however, "may be overcome not only by a demonstration of actual conflict, but by a showing of serious potential for conflict." Wheat , 486 U.S. at 164 , 108 S.Ct. 1692 ; see Maynard v. Meachum , 545 F.2d 273 , 278 (1st Cir. 1976) ("The right to retain counsel of one's choice is not absolute."). 6 Mulero's choice of counsel must comport with "the public's interest in the prompt, fair and ethical administration of justice." United States v. Panzardi-Álvarez , 816 F.2d 813 , 817.
discussed Cited "see" Anthony Alexander Campbell v. Bert Rice (2×)
9th Cir. · 2005 · signal: see · confidence high
See United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987) (“The right to choose one’s counsel is an end in itself; its deprivation cannot - be [deemed] harmless”); United States v. Voigt, 89 F.3d 1050, 1074 (3d Cir.1996) (“[Arbitrary denials of the right to counsel of choice mandate per se reversal”); Wilson v. Mintzes, 761 F.2d 275, 281 (6th Cir.1985) (“Evidence of unreasonable or arbitrary interference with an accused’s right to- counsel of his choice ordinarily mandates reversal without a showing of prejudice”).
cited Cited "see" Young v. City of Providence ex rel. Napolitano
1st Cir. · 2005 · signal: see · confidence high
See United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987). 14 The Panzardi Alvarez rule does not, by its terms, carry over into the civil context.
cited Cited "see" Young v. City Of Providence
1st Cir. · 2005 · signal: see · confidence high
See United States v. Panzardi Alvarez, 816 F.2d 813, 818 (1st Cir.1987). 14 77 The Panzardi Alvarez rule does not, by its terms, carry over into the civil context.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff, Appellee,
v.
Jose E. PANZARDI ALVAREZ, A/K/A “Polo”, Defendant, Appellant
86-1020.
Court of Appeals for the First Circuit.
Apr 23, 1987.
816 F.2d 813
1987 U.S. App. LEXIS 5259
Charles G. White, Miami, Fla., for defendant, appellant., Lydia Lizarribar, Asst. U.S. Atty., Old San Juan, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., was on brief for plaintiff, appellee.
Coffin, Wisdom, Bownes.
Cited by 69 opinions  |  Published
BOWNES, Circuit Judge.

Defendant-appellant Jose Panzardi Alvarez was convicted of possession of heroin with intent to distribute, and distribution of heroin. On appeal, he advances four arguments for overturning his conviction. We focus solely on the issue of whether the trial court’s application of Local Rule 204.2[*815] of the United States District Court for the District of Puerto Rico, [1] which permits outside counsel to handle only one case per year in Puerto Rico, unconstitutionally denied Panzardi his right to counsel of choice. BACKGROUND

On March 7, 1985, a confidential informant accompanied Drug Enforcement Administration (DEA) Agent Domingo Carrasquillo on a visit to Panzardi’s home in Dora-do, Puerto Rico. The informant carried a tape recorder which recorded the conversation that took place. Toward the end of the visit, Panzardi handed the informant an envelope which contained 2.2 grams of heroin powder. On April 14, 1985, Panzardi was arrested and charged with two violations of 21 U.S.C. § 841(a)(1) (1982), possession of heroin with intent to distribute and distribution. The case was docketed in the District Court of Puerto Rico as Case No. 85-116. As a result of a separate incident, the government also charged Panzardi with conspiracy to possess heroin with intent to distribute; that case was docketed as Case No. 85-117. Following his arrest in both cases, Panzardi retained Juan Lopez Palmer, an experienced local criminal attorney.

In the summer of 1985, Panzardi decided to retain Florida Attorney Charles G. White, who is not licensed to practice in Puerto Rico, to handle both cases when they came to trial. On August 20, 1985, nearly three months before trial in this case, White sought permission to serve as co-counsel in both cases. He filed a motion for permission to appear pro hac vice, acknowledging that Local Rule 204.2 limited outside counsel to only one pro hac vice appearance per year. The district court accepted White as attorney of record in the conspiracy case (No. 85-117), but denied him permission to defend Panzardi in the instant case (No. 85-116).

On November 12, 1985, the first day of trial, Panzardi arrived in court with both White and Lopez Palmer. The district court refused to allow White to conduct the trial, sit at counsel table, or communicate with either Lopez Palmer or Panzardi during the trial. On November 15, the jury returned a guilty verdict on both counts against Panzardi. The district court sentenced Panzardi to consecutive terms of fifteen years for possession of heroin with intent to distribute, and five years for distribution of heroin.

On appeal, Panzardi urges: that he was unconstitutionally denied the right to counsel of his choice; that the trial court erred in admitting two tapes into evidence; that government witnesses improperly commented upon the reliability of the confidential informant; and that consecutive sentences should not have been imposed. Because we find the first issue to be dispositive of this appeal, we do not consider Panzardi’s other contentions.

ANALYSIS

The sixth amendment guarantees criminal defendants the right to counsel. More than fifty years ago, the Supreme Court in Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932), recognized that an essential component of that right is the accused’s opportunity to obtain counsel of his own choice: “It is hardly necessary to say that the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice.” 287 U.S. at 53, 53 S.Ct. at 58;[*816] accord Chandler v. Fretag, 348 U.S. 3, 9, 75 S.Ct. 1, 4, 99 L.Ed. 4 (1954); Glasser v. United States, 315 U.S. 60, 75, 62 S.Ct. 457, 467, 86 L.Ed. 680 (1942); United States v. Diozzi, 807 F.2d 10, 12 (1st Cir.1986); see also Morris v. Slappy, 461 U.S. 1, 21-23, 103 S.Ct. 1610, 1621-22, 75 L.Ed.2d 610 (1983) (Brennan, J., concurring) (discussing cases that protect a defendant’s right to choose his own counsel).

The denial of a defendant’s right to choose his own counsel jeopardizes his sixth amendment guarantees because “a substantial risk [arises] that the basic trust between counsel and client, which is a cornerstone of the adversary system, would be undercut.” Wilson v. Mintzes, 761 F.2d 275, 279 (6th Cir.1985); Linton v. Perini, 656 F.2d 207, 209 (6th Cir.1981), cert. denied, 454 U.S. 1162, 102 S.Ct. 1036, 71 L.Ed.2d 318 (1982). The sixth amendment right to counsel requires courts to pay considerable deference to a criminal defendant’s actual choice of counsel. United States v. Diozzi, 807 F.2d at 12; United States v. O’Malley, 786 F.2d 786, 789 (7th Cir.1986). Accordingly, a trial court’s denial of a criminal defendant’s request to retain out-of-state counsel implicates constitutional concerns. [2] While the government’s interest in economy and efficiency may affect the scope of an indigent defendant’s right to be represented by counsel of his choice, see Morris v. Slappy, 461 U.S. at 23 n. 5, 103 S.Ct. at 1622 n. 5, “it is clear that when an accused is financially able to retain an attorney, the choice of counsel to assist him rests ultimately in his hands and not in the hands of the State.” Wilson v. Mintzes, 761 F.2d at 280. Panzardi never asked the District Court of Puerto Rico to appoint White as his counsel; he sought to retain White for both cases.

Notwithstanding the fundamental importance of an accused’s right to counsel of his choice, the right is not absolute. A criminal defendant’s exercise of this right cannot unduly hinder the fair, efficient and orderly administration of justice. United States v. Diozzi, 807 F.2d at 12; United States v. Allen, 789 F.2d 90, 92 n. 4 (1st Cir.), cert. denied, — U.S. -, 107 S.Ct. 164, 93 L.Ed.2d 103 (1986); United States v. Koblitz, 803 F.2d 1523, 1528-29 (11th Cir.1986); Sampley v. Attorney General of North Carolina, 786 F.2d 610 (4th Cir.), cert. denied, — U.S. -, 106 S.Ct. 3305, 92 L.Ed.2d 719 (1986). An accused’s right to choose his own counsel cannot be manipulated to delay proceedings or hamper the prosecution. When a defendant attempts to substitute counsel at the eleventh hour or in mid-trial, he must show good cause such as a conflict of interest, a breakdown in communication or an irreconcilable dispute with his attorney. United States v. Torres, 793 F.2d 436, 440 (1st Cir.), cert. denied, — U.S. -, 107 S.Ct. 287, 93 L.Ed.2d 261 (1986); Wilson v. Mintzes, 761 F.2d at 280-81; United States v. Morris, 714 F.2d 669, 672-73 (7th Cir.1983).

In the instant case, Panzardi sought to retain White nearly three months before the case went to trial. The district court’s order denying White permission to appear pro hac vice does not suggest that his request would have interfered with the fair and orderly administration of the case. The sole reason the court gave for denying White’s request was its belief in the necessity of adhering strictly to the one case per year limit of Local Rule 204.2. Thus, we must decide whether the literal application of this rule can be upheld when it results in the denial of a criminal defendant’s sixth amendment right to counsel of his choice.

The United States contends that while the sixth amendment does grant a defendant the right to effective counsel, this guarantee does not provide him with an unconditional right to representation by a particular out-of-state attorney. We have indicated already that a criminal defendant’s right to counsel of his choice is not absolute. Trial courts have “some discretion to[*817] limit the exercise of the right to counsel of choice when insistence upon it would disproportionately disadvantage the government or interfere with the ethical and orderly administration of justice----” United States v. Diozzi, 807 F.2d at 12. Courts which have upheld denials of a criminal defendant’s choice of counsel, have done so only after assessing the propriety of the trial judge’s exercise of discretion. Kg., United States v. Mastroianni, 749 F.2d 900, 913-14 (1st Cir.1984); United States v. O’Malley, 786 F.2d at 789-93; Sampley v. Attorney General of North Carolina, 786 F.2d at 613-16; United States v. Dinitz, 538 F.2d 1214 (5th Cir.1976), cert. denied, 429 U.S. 1104, 97 S.Ct. 1133, 51 L.Ed.2d 556 (1977); Ross v. Reda, 510 F.2d 1172 (6th Cir.), cert. denied, 423 U.S. 892, 96 S.Ct. 190, 46 L.Ed.2d 124 (1975). Dinitz and Reda, both relied upon by the government, upheld district court refusals to permit an out-of-state attorney to appear pro hac vice because of counsel’s failure to obey court orders and ethical guidelines. United States v. Dinitz, 538 F.2d at 1219-24; Ross v. Reda, 510 F.2d at 1173-74. Thus, the courts in Dinitz and Reda properly balanced the defendant’s interest in retaining counsel of his choice against the public’s interest in the prompt, fair and ethical administration of justice. The instant case, however, involves the rote application of a rule that leaves no room for the exercise of discretion.

In United States v. Panzardi Alvarez, 623 F.Supp. 108 (D.P.R.1985), another case involving the same defendant-appellant now before us, [3] the District Court of Puerto Rico upheld Local Rule 204,2 against a claim that it interfered with Panzardi’s sixth amendment rights. As in the instant case, there was no indication that allowing Panzardi his choice of counsel would have inhibited the fair and prompt administration of justice. The court justified its application of the rule by pointing to its authority to regulate attorney conduct. 623 F.Supp. at 108.

We recognize that the District Court of Puerto Rico must he able to regulate the conduct of attorneys who practice before it. The sixth amendment, however, does not countenance the mechanistic application of a rule that permits a district court, without articulating any grounds, to deny a defendant his right to counsel of choice. Local rules of court designed to regulate attorney conduct cannot unduly handicap the constitutional right of an accused to counsel of his choice. Lefton v. City of Hattiesburg, 333 F.2d 280, 285-86 (5th Cir.1964). In Sanders v. Russell, 401 F.2d 241 (5th Cir.1968), civil rights plaintiffs were prohibited from retaining out-of-state counsel by the application of a one case per year rule in Mississippi. While no sixth amendment claim was at stake, the invocation of the rule did affect the plaintiffs’ capacity to vindicate constitutional claims. The Fifth Circuit invalidated the rule, noting that “the assertion of the District Court’s regulatory interest [over attorneys practicing before it] cannot justify a rule that limits the number of pro hac vice appearances, whether it be to one case a year or three cases a year.” Id. at 245. The Fifth Circuit found it “difficult to see how the concern of the District Court in decorum, dignity, competency, good character or amenability to service and discipline is served by a numerical limitation.” Id. at 246.

Like the Fifth Circuit, we cannot discern how a simple numerical limitation on the number of pro hac vice appearances per year advances the district court’s legitimate interest in regulating the conduct of its attorneys. Our skepticism about the propriety of such a rule is heightened by the fact that its application can deprive a criminal defendant of his sixth amendment rights. The right to counsel of choice cannot be denied without a showing that the exercise of that right would interfere with the fair, orderly and expeditious administration of justice. The mere fact that a[*818] defendant seeks to retain an out-of-state attorney does not hinder the efficacious administration of justice. His choice of counsel must be respected unless it would unreasonably delay proceedings or burden the court with counsel who was incompetent or unwilling to abide by court rules and ethical guidelines. Accordingly, we hold that Local Rule 204.2 of the District Court of Puerto Rico is invalid as applied to criminal defendants seeking to retain outside counsel. [4] This ruling, however, shall not be applied retroactively.

We need not inquire as to whether Panzardi was prejudiced by the trial court’s denial of his right to counsel of choice. “Obtaining reversal for violation of such a right does not require a showing of prejudice to the defense, since the right reflects constitutional protection of the defendant’s free choice independent of concern for the objective fairness of the proceedings.” Flanagan v. United States, 465 U.S. 259, 267-68, 104 S.Ct. 1051, 1055-56, 79 L.Ed.2d 288 (1984); accord United States v. Diozzi, 807 F.2d at 16; Wilson v. Mintzes, 761 F.2d at 285-86. A defendant’s choice of counsel cannot be reduced to a mere procedural formality whose deprivation may be allowed absent a showing of prejudice. The right to choose one’s counsel is an end in itself; its deprivation cannot be harmless. United States v. Diozzi, 807 F.2d at 16.

Vacated and remanded for a new trial.

1

. Local Rule 204.2 states:

Other Attorneys (Pro hac vice)
Any member in good standing of the Bar of any United States Court, or of the highest court of any state, territory or possession of the United States who has been retained to appear in this Court, and who is not a resident of Puerto Rico, or does not maintain an office in the Commonwealth of Puerto Rico for the practice of law, may be permitted to appear and participate in a particular case in association with a member of the Bar of this Court. Such applicant shall designate the member of the Bar of this Court, who must have an office for the practice of law at a place within the Commonwealth of Puerto Rico, and also in said application the address, telephone number and written consent of said designee. Furthermore, the applicant must state in the motion his/her experience in federal litigation and knowledge of the local rules of this Court. The Court, in writing or otherwise, may find the person meets the standards for practice in this Court.
Appearances allowed pursuant to this rule shall be limited to one case per year. [Emphasis in original.]
2

. Leis v. Flynt, 439 U.S. 438, 99 S.Ct. 698, 58 L.Ed.2d 717 (1979), cited by the government, does not hold to the contrary. In Leis, the Court specifically noted that it was not deciding whether a denial of a request to appear pro hac vice would violate a criminal defendant’s sixth amendment rights. 439 U.S. at 442 n. 4, 99 S.Ct. at 701 n. 4.

3

. In that case, Panzardi was charged with conspiracy to murder the confidential informant who assisted the DEA in the instant case. Panzardi pled guilty to the charge.

4

. We intimate no opinion as to the application of Local Rule 204.2 in civil cases. Nor does our holding affect the rule’s requirement that outside counsel be affiliated with a member of the Puerto Rico Bar.