Notices

• Jurisdiction: Georgia,United States
• Citation: Vol. 15 No. 5 Pg. 0072
• Pages: 0072
• Publication year: 2010

Notices Vol. 15 No. 5 Pg. 72 Georgia Bar Journal February, 2010

First Publication of Amended Proposed Formal Advisory Opinion No. 07-R1

Pursuant to Rule 4-403 (c) of the Rules and Regulations of the State Bar of Georgia, on Aug. 28, 2008, the Formal Advisory Opinion Board made a preliminary determination that Proposed Formal Advisory Opinion No. 07-R1 should be issued. Proposed Formal Advisory Opinion No. 07-R1 appeared in the October 2008 issue of the Georgia Bar Journal for 1st publication. State Bar members were invited to file comments to the proposed opinion with the Formal Advisory Opinion Board. Several comments regarding the proposed opinion were received from members of the Bar.

After reviewing the proposed opinion in light of the comments received, the Formal Advisory Opinion Board has amended the proposed opinion and determined that the amended proposed opinion should be issued. State Bar members only are invited to file comments regarding the amended proposed opinion with the Formal Advisory Opinion Board at the following address:

State Bar of Georgia

104 Marietta St. NW

Suite 100

Atlanta, GA 30303

Attention: John J. Shiptenko

An original and one (1) copy of any comment to the amended proposed opinion must be filed with the Formal Advisory Opinion Board by March 15, 2010, in order for the comment to be considered by the Board. Any comment to the proposed opinion should make reference to the number of the proposed opinion. Any comment submitted to the Board pursuant to Rule 4-403(c) is for the Board's internal use in assessing proposed opinions and shall not be released unless the comment has been submitted to the Supreme Court of Georgia in compliance with Bar Rule 4-403(d). After consideration of comments, the Formal Advisory Opinion Board will make a final determination of whether the opinion should be issued. If the Formal Advisory Opinion Board determines that an opinion should be issued, a final draft of the opinion will be published and the opinion will be filed with the Supreme Court of Georgia.

PROPOSED FORMAL ADVISORY OPINION NO. 07-R1

QUESTION PRESENTED:

May different lawyers employed in the circuit public defender office in the same judicial circuit represent codefendants when a single lawyer would have an impermissible conflict of interest in doing so?

SUMMARY ANSWER:

Lawyers employed in the circuit public defender office in the same judicial circuit may not represent codefendants when a single lawyer would have an impermissible conflict of interest in doing so.

OPINION:

In Georgia, a substantial majority of criminal defendants are indigent. Many of these defendants...