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Public Defender Must Stay on Case of Client Who Punched Her Partner

The Pennsylvania Supreme Court today ruled today in the case of the public defender who was jailed for refusing to continue representing a defendant in a rape and murder trial after he had punched her co-counsel in court. The Court ordered her to stay on the case.

In an emergency ruling, the court let stand a judge's decision to hold attorney Andrea Konow in contempt of court for refusing to represent a man accused of murdering a 6-year-old girl after he sucker-punched his other defense lawyer during his trial. The lawyer, Fred Goodman, was not hurt by the unexplained attack, which came Monday just after prosecutors rested their case. He was allowed to withdraw.

Issuing a stay in this case would reward the capital defendant for his misconduct by providing him with an unwarranted new trial _ which may very well be the reason he punched one of his lawyers in the face in the first place," Castille wrote. Castille also chided Konow for "flouting her ethical obligation to the court." In a footnote, he wrote that if it was true she had suddenly become too afraid of El-Shabazz to represent him, she "may want to consider another line of work."

The Court's opinion is available here. One Justice dissented but hasn't filed her opinion yet.

Background on the case is here and here. Ms. Konow, by the way, is not only a supervisor in the Philadelphia Public Defender's homicide unit, she is also "staff" (i.e., regular faculty) at Gerry Spence's Trial Lawyers College in Wyoming. [hat tip to Peter Goldberger for the info and links.]

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