Illinois Appellate Court
Civil Court
Ineffective Assistance of Counsel
Court terminated the parental rights of mother as to her minor son, finding that she is unfit and that termination is in minor's best interest. Respondent mother received ineffective assistance of counsel from per se conflict of interest when, during proceedings, the same Assistant PD appeared on her behalf at one hearing and subsequently appeared on minor's behalf at another hearing. Regardless of the source of a client's right to representation, including when under Juvenile Court Act, the right includes the right to undivided loyalty from attorney who does not undertake conflicting interests or inconsistent duties. Length and nature of representation are irrelevant, and conflict rule includes situations where prejudice may be difficult to establish. (McLAREN, concurring; HUTCHINSON, dissenting.)