Opinion
No. 87-KK-1166.
June 4, 1987.
In Re: LOUISIANA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, applying for Rehearing of Writ Granted with Order of May 20, 1987, to the Criminal District Court, Parish of Orleans, Number 319-267: 4th Circuit Court of Appeal, Number KW-7864.
Rehearing granted. The trial court must appoint a lawyer, not a law firm. If he appoints a member of Deutsch, Kerrigan Stiles, a hearing must be held to determine whether Mr. Patrick Berrigan is an Assistant District Attorney.
DENNIS, J., concurs in part and dissents in part. I would prefer to deny the application so that an attorney may be appointed to represent the defendant and minimize the prejudice to his case. Moreover, if rehearing is granted, this Court should decide whether there is any difference in law or principal between an assistant district attorney and counsel employed to assist the district attorney under CCrP article 65; see also Article 63, before requiring the trial court to conduct a hearing on Mr. Berrigan's status. However, I agree that the trial court should appoint individual defense counsel in criminal cases so that they have personal responsibility for the representation rather than a firm or group which would have only collective responsibility.