For 6 years prior to 2009, attorney had represented Defendant on several criminal matters. On date when criminal complaint for murder was filed against Defendant, attorney filed appearance for Defendant. More than 1 1/2 years later, State sought to disqualify attorney from representing Defendant, arguing that attorney's father represented Defendant's girlfriend, who was a witness State planned to call at trial. Court erred in granting State's motion for disqualification. Nothing in State's theory of disqualification warranted depriving Defendant of his chosen counsel. Reversed and remanded for new trial. Even if relationship of attorney and his father, who shared office space and acted as cocounsel in various criminal matters,could give rise to some potential for conflict, interests threatened by that potential for conflict are not enough to overcome the constitutional presumption in favor of Defendant's counsel of choice.(LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel