Court's disqualification order, finding that attorney was disqualified from representing Defendant on the ground that attorney's father represented Defendant's girlfriend who was a witness State planned to call at trial, violated Defendant's 6th amendment right to choose his own counsel. This violation is a structural error not subject to harmless-error review, and conviction is reversed and cause remanded for retrial. Even if relationship of 2 attorneys could give rise to some potential for conflict, the interests threatened by that potential are not enough to overcome constitutional presumption in favor of Defendant's counsel of choice. Court explicitly found that neither attorney committed any actual impropriety, so mere appearance of impropriety should not be controlling. (LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel