Opinion
NO. 2017 KW 0215
02-17-2017
STATE OF LOUISIANA v. TERRY ALLEN
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 03-13-0014. BEFORE: PETTIGREW, McDONALD AND CALLOWAY, JJ.
WRIT GRANTED. In the instant case, there does not appear to be an actual conflict of interest as the East Baton Rouge Parish Public Defender's Office, who is presently representing the defendant, is not currently representing the potential state witnesses at issue. Thus, there does not appear to be a situation of divided loyalties. See State v. Tart, 93-0772 (La. 2/9/96), 672 So.2d 116, cert. denied, 519 U.S. 934, 117 S.Ct. 310, 136 L.Ed. 2d 227 (1996). Furthermore, the attorneys from the Public Defender's Office currently representing the defendant have never personally represented potential state witness Kenya Paul, and the attorney from the Public Defender's Office who previously represented Paul in separate matters is not involved in the instant case. As to potential state witness Gerald Ford, the defendant offered only a vague allegation of a possible conflict. Therefore, even though the defense attorneys work for the same Public Defender's Office that previously represented the potential state witnesses, there are no concurrent conflicts of interests or duties to former clients as provided for in the Louisiana Rules of Professional Conduct. Considering the above, the trial court abused its discretion in granting the motion to withdraw six days before trial, as there was no actual conflict, and the court failed to determine whether or not any risk of conflict was too remote to warrant appointment of new counsel. Therefore, the trial court's ruling granting the motion to withdraw is reversed, and the matter is remanded to the trial court for further proceedings.
JTP
JMM
Calloway, J., dissents and would deny the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.