(concurring).
I write separately because I do not agree with the majority that Clark did not raise substantial complaints about the effectiveness of the representation provided by appointed counsel. I agree with the dissent of Justice Hanson that “Clark’s claims that counsel had not visited him in jail, had not discussed the case with him, would not seek out suggested witnesses, and would not have the gun checked for fingerprints, raised serious questions that required inquiry.” These claims amounted to “exceptional circumstances” such that the trial court should have conducted a more “searching inquiry” before ruling on the request. The court apparently did not make that inquiry because it was under the mistaken belief that the rules precluded appointment of a different public defender. I believe that the lack of inquiry precludes a finding that Clark’s waiver of his Sixth Amendment right to counsel was voluntarily made.
Nevertheless, because I conclude that Clark’s request for substitute counsel was untimely under the Worthy decision, the denial of his request was not an abuse of discretion. State v. Worthy, 583 N.W.2d 270, 278-79 (Minn.1998).