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OH: Conflict in representing co-defendants in preliminary hearings

By John Wesley Hall, Jr.

The Ohio Board of Grievances and Discipline has issued Opinion 2008-04 on August 15, 2008 that public defenders should not represent co-defendants in a preliminary hearing, including another assistant public defender. From the Syllabus: Pursuant to Rule 1.7(a)(1) and (a)(2), an assistant county public defender should not represent co-defendants at a preliminary hearing in a felony case due to the inherent risk of a conflict of interest that likely could not be ameliorated under Rule 1.7(b). Two different assistant public defenders in the same county public defender’s office should not separately represent the co-defendants at a preliminary hearing because the conflict of interest of one assistant public defender is imputed to the other pursuant to Rule 1...continue to full post

Full post as published by Law Of Criminal Defense on September 02, 2008 (boomark / email).