Aceves

Dissenting.—I respectfully but strongly disagree with my

colleagues. The attorney-client privilege and the duty to maintain inviolate client confidences are statutory enactments with constitutional implications and are deserving of the strongest protection. It is necessarily the case, *597 however, that in some circumstances rights and protections must yield to ensure the preservation of other equal or greater interests. In this case we deal with such circumstances.

On the morning trial was set to commence, counsel informed the court a conflict existed with his client such that he was ethically unable to proceed to trial. Noting such conflict was the result of a communication with the defendant, counsel refused to disclose, to any useful extent, its nature. A second hearing came no closer to disclosing the nature of the conflict. All the while, Aceves has refused to waive his right to a speedy trial.

Counsel’s reticence and the defendant’s refusal to waive his right to a speedy trial placed the trial court in an unenviable position. The court could refuse to discharge the attorney and, in the event of a conviction, face the certain prospect of an attack based on the claim…

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Edward J. Mantyla, Deputy District Attorneys, for Real Party in Interest.

OPINION

HALLER, J.

In this case, a supervising deputy public defender requested that the deputy assigned as trial counsel be relieved because of a conflict. The supervising deputy asserted he was unable to relate the facts that generated the conflict without breaching client confidences. He did, however, declare the conflict was strictly between the client and the public defender's office, it was created by a statement from the client that had caused a complete breakdown of the attorney-client relationship and it had nothing to do with threats to witnesses as the People suggested. The trial court nevertheless conditioned withdrawal on divulging the facts underlying the conflict and denied the motion.

We conclude the public defender's disclosure was sufficient to permit withdrawal, and the trial court should have granted the motion instead of placing the attorney in the untenable position of asserting the client's constitutional right to effective assistance only by sacrificing client confidences. Accordingly, we grant the petition.

The People…

In this case, a supervising deputy public defender requested that the deputy assigned as trial counsel be relieved because of a conflict. The supervising deputy asserted he was unable to relate the facts that generated the conflict without breaching client confidences. He did, however, declare the conflict was strictly between the client and the public defender’s office, it was created by a statement from the client that had caused a complete breakdown of the attorney-client relationship and it had nothing to do with threats to witnesses as the People suggested. The trial court nevertheless conditioned withdrawal on divulging the facts underlying the conflict and denied the motion.

We conclude the public defender’s disclosure was sufficient to permit withdrawal, and the trial court should have granted the motion instead of placing the attorney in the untenable position of asserting the client’s constitutional right to effective assistance only by sacrificing client confidences. Accordingly, we grant the petition.

Factual and Procedural Background

First motion to withdraw

The People filed a complaint against Armando Abreu Aceves (Abreu) charging him with attempted…