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MARICOPA CO. PUBLIC DEF. v. SUPERIOR COURT

Nos. 1 CA-SA 96-0102, 1 CA-SA 96-0118.

187 Ariz. 162 (1996)

927 P.2d 822

MARICOPA COUNTY PUBLIC DEFENDER'S OFFICE, Attorneys Christopher Johns and Diane Enos, Maricopa County Public Defenders, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Alfred J. Rogers, a judge thereof, Respondent Judge, Clarence Charles Nelson and former client, Shawna Debus, Real Parties in Interest. MARICOPA COUNTY PUBLIC DEFENDER'S OFFICE; Attorney Chelli Wallace, Maricopa County Public Defender, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable John H. Seidel, a judge thereof, Respondent Judge, Frank Rangel, and former client, Juan Salas, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

As Corrected July 15, 1996.

Review Denied November 19, 1996.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by Christopher Johns, Diane Enos and Chelli Wallace, Deputy Public Defenders, Phoenix, for Petitioners.

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Chief Counsel — Criminal Appeals Section, Diane M. Ramsey, Assistant Attorney General, Phoenix, for Respondent Judge.

OPINION

NOYES, Judge.

These special actions arise from two unrelated cases in which the Maricopa County Public Defender's Office ("the public defender") moved to withdraw on grounds that an ethical conflict existed between its duty to zealously represent a current client (the defendant) and its duty of loyalty to a former client (an adverse witness). In each case, the trial court denied the motion because counsel failed to disclose confidential...

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