@tiny 2 wrote:
@NYCLatinaMe wrote:
@50Mickey wrote:
Turns out that the public defender Anne Taylor was representing Xana Kernodle's mother on drug charges. She withdrew from that case 1-5 the same day that she accepted the position to represent the accused killer of her daughter.
According to some legal experts this sets up the very real possibility that Bryan Kroberger, if convicted could likley have this conviction overturned on appeal. The legal experts have said that the state of Idaho has just a few public defenders who are qualified to handle this type of case and this is the reason that Taylor accepted this even though iat appears to be a conflict of interest.
I have not read anything about this other than what @50Mickey has posted, but based on what @50Mickey wrote, the accused should have had to be apprised of the conflict and waived it in order for that attorney to represent him. He may have chosen to do so. If he has not been informed of the conflict AND given the opportunity to request the assignment of different counsel, this is a problem and could taint a conviction. But if the accused knowingly waived the conflict, this is not a problem. So a knowing waiver of the conflict would probably make the representation acceptable. IMO, if the accused did not waive the conflict, the State has to find him other counsel, even if it's private counsel.
@NYCLatinaMe, So, is the state responsible for paying the private counsel?
Yes, and this is not an unusual situation at all. For example, you may have a crminal case with several defendants. Legal Aid, or whatever entity typically provides legal services to indigent defendants, may not represent more than one defendant, since the interests of the defendants may differ. For example, maybe one was a shooter, and maybe another defendant was just there and got arrested. I have attorney friends that have found that their defendant clients are in fact victims. They can't be represented by the same lawyer. Or one defendant may be willing to testify against the other. We see this on TV shows all the time. In case of a conflict, defendants are entitled to individual counsel. The courts typically have processes for designating counsel. In New York, attorneys who want to handle these cases are screened for their qualfications by a panel and put on a list of attorneys available for appointment. Judges appoint the attorneys. There are also attorneys who volunteer to take cases for no fee. Fees are capped. For example, I just looked, and in the Bronx and Manhattan, rates are $60 per hour for misdemeanors and $75 per hour for felonies. This compares to fees for independently hired attorneys that are commonly $300 and up.
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