Is a public defender's office treated as a single firm for conflict-imputation purposes?
Apply this to your situation
This page answers the general question as of 2004. Ask about yours and see what the current Hawaii Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The opinion addressed the conflict issue of imputed disqualification of a public defender. It concluded that, for purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender or Federal Public Defender is a firm within the meaning of HRPC 1.10(a).
In practice
Under this opinion, a conflict that disqualifies one lawyer in the Office of the Public Defender or Federal Public Defender is analyzed as it would be for a private firm: the opinion holds that the office is a firm under HRPC 1.10(a), so the imputation rule of 1.10(a) governs.
Common questions
Q: Is a public defender's office a "firm" for conflict purposes in Hawaii?
A: Yes. The opinion concluded that, for purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender or Federal Public Defender is a firm within the meaning of HRPC 1.10(a).
Q: Which rule governs imputation across the office?
A: Per the opinion, HRPC 1.10(a), the imputed-disqualification rule, applies because the office is treated as a firm.
Background and rules framework
The opinion interprets HRPC 1.10(a), the rule imputing one lawyer's conflict to others associated in a firm, and treats the Public Defender or Federal Public Defender office as a firm for that purpose. HRPC 1.10 corresponds to Model Rule 1.10.
Citations and references
Rules of Professional Conduct (Hawaii; cf. Model Rules):
- HRPC 1.10(a) (imputation of conflicts within a firm) (cf. Model Rule 1.10)
See also
- ABA Ethics Op. 509: Confidential Government Information and Disqualification
- ABA Ethics Op. 467: Prosecutors' Managerial and Supervisory Obligations
Source
- Landing page: https://dbhawaii.org/legal-ethics-advice-for-hawaii-lawyers/
- Original PDF: https://dbhawaii.org/wp-content/uploads/FO_48_-_PUBLIC_DEFENDER_IMPUTED_DISQUALIFICATION.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
Office of Disciplinary Counsel
Supreme Court, State of Hawaii
1132 Bishop Street, Suite 300
Honolulu, Hawai'i 96813
Telephone (808) 521-4591
FORMAL OPINION NO. 48
(Public Defender Imputed Disqualification)
This Opinion addresses the conflict issue of imputed disqualification of a public defender. For purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender/Federal Public Defender is a firm within the meaning of HRPC 1.10(a).
DATED: Honolulu, Hawai'i, August 26, 2004.
Charles T. Kleintop
Chairperson, Disciplinary Board
Carroll S. Taylor
Chairperson, Opinion Committee
Carole R. Richelieu
Chief Disciplinary Counsel
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