Boulas

Here we are asked to decide the proper remedy for intentional interference by law enforcement personnel with the attorney-client relationship in the unique instance of such interference leading to the irremediable breakdown of that relationship. Under the highly unusual facts of this case, we find dismissal of charges to be the sole appropriate sanction.

Facts

On June 25, 1985, Anthenasios Boulas was charged with two counts of illegally selling cocaine in violation of Health and Safety Code section 11352. Attorney S. was retained by Boulas to represent him in the criminal proceedings.

In August of 1985, petitioner hired, for the sum of $3,000, a casual acquaintance by the name of William J. Harkness to serve as a “private *426 investigator.” 1 It was agreed between Harkness and Boulas that Harkness would contact the authorities to determine whether they would be willing to enter into a plea bargain in exchange for Boulas’s cooperation. Boulas did not tell Attorney S. of this plan. 2

At some date in late August of 1985, Harkness telephoned Deputy Scott Tunnicliffe of the Santa Barbara Sheriff’s Department. Harkness proposed an agreement in which Boulas would cooperate…

I respectfully dissent.

In my view the majority holding that the trial court judge abused his discretion by failing to dismiss this criminal action is not justified.

The trial court ruling must be considered in the light of the circumstances. The case against Boulas was strong, as admitted by Attorney S. Aware of his predicament and during the time he was represented by Attorney S., Boulas hired Investigator Harkness to try to arrange a deal whereby he would get *436 lenient treatment in exchange for information about his sources of cocaine. Boulas and Harkness did not disclose these negotiations to Attorney S., the same person in whom Boulas now claims he had “great confidence.”

Boulas’s decision to foresake the assistance of counsel of his own choosing in his effort to obtain a plea bargain preceded any improper conduct by law enforcement personnel. When the negotiations terminated after the approximately two-week period Boulas was without counsel, he rehired Attorney S. to represent him. This representation continued for approximately two more months.

The able and experienced trial judge, acting as a trier of fact, correctly determined that although the conduct of the law…

Thomas W. Sneddon, Jr., District Attorney, and Gerald McC. Franklin, Senior Deputy District Attorney, for Real Party in Interest.

OPINION

STONE, J.

Here we are asked to decide the proper remedy for intentional interference by law enforcement personnel with the attorney-client relationship in the unique instance of such interference leading to the irremediable breakdown of that relationship. Under the highly unusual facts of this case, we find dismissal of charges to be the sole appropriate sanction.

On June 25, 1985, Anthenasios Boulas was charged with two counts of illegally selling cocaine in violation of Health and Safety Code section 11352. Attorney S. was retained by Boulas to represent him in the criminal proceedings.

In August of 1985, petitioner hired, for the sum of $3,000, a casual acquaintance by the name of William J. Harkness to serve as a "private investigator." [1] It was agreed between Harkness and Boulas that Harkness would contact the authorities to determine whether they would be willing to enter into a plea bargain in exchange for Boulas's cooperation. Boulas did not tell Attorney S. of this plan. [2]

At some date in late August of 1985, Harkness…