Lawyer-Legislator Disqualified In Criminal Case

A criminal defendant charged with illegal sale of steroids retained an attorney who is a member of the Albany County legislature. The attorney sought a determination from the judge as to whether he was disqualified because of his legislative role. The judge ordered disqualification and the client sought a writ of prohibition that would allow counsel of choice to represent her. The New York Appellate Division for the Third Judicial Department declined to grant the writ, holding that the issue whether disqualification was proper could be raised on appeal if there is a conviction. (Mike Frisch)