QUESTION
What can we do if the appointed attorney for my son is married to the prosecutor?
Asked on Dec 17th, 2013 on Criminal Law - Michigan
More details to this question:
My step son has been charged with sexual child abuse. He has no money so his appointed attorney on his case is married to the prosecutor on his case. Is this legal or conflicting? If so, what can we do about it legally? Thank you.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would think it was too close a relationship and the appointed counsel would ask to be replaced in such a case. If necessary ask the judge for difference appointed counsel on the record.
Answered on Dec 19th, 2013 at 12:48 PM
Michael J. Breczinski
I would think that there is a conflict and the court should appoint a different defense attorney.
Answered on Dec 19th, 2013 at 12:47 PM
You haven't stated all the facts but based on what you have said, It sounds like your son's attorney should recuse himself or the DDA should turn over the prosecution to another DDA because your son's attorney is married to the prosecuting DDA
Answered on Dec 19th, 2013 at 12:47 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Seems like a conflict to me but it seems like it would benefit your son more than the prosecutor. I can only assume the DA's office knows of this potential conflict and the court appointed attorney if asked by your son should recuse himself
Answered on Dec 19th, 2013 at 12:46 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It isn't a conflict under the ethics rules as long as both attorneys agree that it is not and there are safeguards put into place to make sure that it is not. It can be a close call though. Maybe your son should raise the issue to the judge and let him decide. If nothing else, it preserves the issue for appeal.
Answered on Dec 18th, 2013 at 9:13 AM