Vermont v. Brillon, 129 S.Ct. 1283, 1287 (2009) (Assigned counsel, just as retained counsel, act on behalf of their clients, and delays sought by counsel are ordinarily attributable to the defendants they represent. For a total of some six months of the time that elapsed between Brillon's arrest and his trial, Brillon lacked an attorney. The State may be charged with those months if the gaps resulted from the trial court's failure to appoint replacement counsel with dispatch. Similarly, the State may bear responsibility if there is a breakdown in the public defender system.).

NOTE: While delay in the criminal proceedings caused by ineffectiveness of individual counsel is not attributable to the state under Brillon, counsel can still argue that it is attributable to the state where the ineffectiveness of counsel was caused by a breakdown in the public defender system: If the IAC was failure to give immigration advice, and the public defender system failed to train its attorneys in immigration consequences, failed to implement a protocol for giving that advice, or counsel can point to some systemic failing, then counsel still has an interesting argument under Brillon. Thanks to Dawn Siebert.