TDCAA Community
Attorney and Defendant at the same time.....

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4861079351

August 13, 2007, 13:26
suzannewest
Attorney and Defendant at the same time.....
A pending case accuses a defense attorney of false alarm--calling a particular officer to a disturbance that did not exist.

That same attorney represents a defendant in an unrelated case and has requested a suppression hearing based upon the same arresting officer's lack of reasonable suspicion and/probable cause...the usual boilerplate suppression motion.

I would prefer to keep the officer from being cross examined by a person he recently filed a case against....but I don't know if there is any legal basis for this request. If the attorney were court appointed, I would ask the judge to appoint someone else, but the attorney is retained.

I can't find any ethics rules that would require disqualification because of a conflict....
August 13, 2007, 14:57
AlexLayman
What if a pro-se defendant wanted to cross examine an officer in a suppression hearing?
August 13, 2007, 15:44
suzannewest
That's okay of course. Clearly, a defendant has a right to cross examine....my issue is not with the examination occurring or the officer answering questions.

The issue is more about the effect on the other case--that the atty is the atty and not the defendant. What if the attorney / defendant in the other case agrees to a continuance or advises her client to plead? Or goes to trial and loses and makes mistakes? Would a defendant be able to claim ineffective assistance of counsel because: 1. the attorney was too nice to the state/officer in hopes of getting preferential treatment in her own case? or 2. the attorney was focusing on the wrong issues because of personal animosity toward the officer?
August 13, 2007, 20:19
Adam Poole
I don't see how there can be any conflict until that attorney creates one in his questioning of the officer. Your remedy then is to just object to being irrevelant/outside the scope of the hearing.