affirming disqualification of attorney representing twelve police officers subpoenaed to testify in grand jury proceedings on police corruption because attorneys’ fees paid by Fraternal Order of Police, which maintained policy of non-cooperation with government
How later courts described this case
- affirming disqualification of attorney representing twelve police officers subpoenaed to testify in grand jury proceedings on police corruption because attorneys’ fees paid by Fraternal Order of Police, which maintained policy of non-cooperation with government
- finding conflict requiring disqualification when legal fees of attorney representing multiple grand jury targets are paid by entity with interests hostile to government cooperation
- "The secrecy surrounding grand jury proceedings is a mechanism to insure the safety and reputation of witnesses and grand jurors."
- trial judge, exercising power to control litigation and duty to supervise attorney’s conduct to prevent egregious impropriety, can grant motion to disqualify based on breach of ethics
Written by the judges who cited it.
The opinion
MANDERINO, Justice
(dissenting).
I dissent. The twelve witnesses in this case have knowingly, intelligently, and voluntarily chosen to be represented by the two attorneys who are the petitioners.
*533 The majority’s decision, denying the witnesses their choice of attorneys, is rooted in a presumption that the witnesses are guilty of crimes, even though there is not one shred of evidence in this record to warrant such a conclusion, and even though under state and federal law, the witnesses must be presumed innocent — not guilty. I cannot agree with the novel proposition that the state can deprive a citizen of his right to be represented by the attorney of his choice by speculating that he may be guilty.