Joseph P. Leary and
Scott E. Greene for appellant.
Richard J. Bookhout, District Attorney, for respondent.
upon a judge or justice to fairly and impartially advise a defendant of this right and it is not the province of the court, in any way, to influence the defendant concerning whether he should, or should not, retain counsel. It is true that there is no duty on the court to advise a defendant that he is entitled to counsel
without cost, but neither should the court in any way, by words or actions, attempt to dissuade a defendant from such protection as is guaranteed to him under the law. The statement of the Justice to the effect that it might cost the defendant a lot of money to get a lawyer could only have operated to discourage the defendant from claiming a substantial right. In my opinion such a statement coming from the Justice, who represents an impartial tribunal to hear the charge against the defendant, was improper, particularly in view of the defendant's youthful years, and may well have prejudiced a substantial right of the defendant. The judgment of conviction is reversed, the fine is remitted, and the case is remanded to the Justice for a new trial, including arraignment, instructions, determination and disposition. Submit order accordingly.