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The People v. Smith

Supreme Court of Illinois
Sep 29, 1967
37 Ill. 2d 622 (Ill. 1967)

Summary

In People v. Smith, 37 Ill. 2d 622, 623-24 (1967), we held that a per se conflict of interest exists when one public defender must question the effectiveness of another public defender in the same office. Twenty years later, we overruled Smith in Banks, 121 Ill. 2d 36. There, we stated that "it is not clear * * * that where an assistant public defender asserts the incompetency of another assistant, the reputation of the whole office is negatively impacted."

Summary of this case from People v. Hardin

Opinion

No. 39790. Reversed and remanded.

Opinion filed September 29, 1967.

APPEAL from the Circuit Court of Cook County; the Hon. DAVID A. CANEL, Judge, presiding.

CORDELL J. OVERGAARD, of Chicago, appointed by the court, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and JAMES A. STAMOS, Assistant State's Attorneys, of counsel,) for the People.


Petitioner, Curtis Smith, filed a pro se petition in the circuit court of Cook County for a hearing under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, chap. 38, art. 122) to review his conviction upon pleas of guilty to indictments charging him with rape, robbery, and assault with intent to commit rape. The trial court sustained the State's motion to dismiss the petition and the cause is now before us on direct appeal from that dismissal.

Since it is our opinion that this cause be reversed and remanded for a new hearing, the following are the only facts and allegations we need set forth here. Petitioner's pro se petition alleged, inter alia, that his counsel at trial, an assistant public defender, was incompetent for various assigned reasons. Upon the filing of this petition the trial court appointed the public defender of Cook County to represent petitioner in the post-conviction proceedings. Thereafter petitioner moved to vacate this appointment and for the appointment of counsel other than the public defender.

A hearing was held before the trial court ostensibly to determine the propriety of petitioner's above motion. Present at that hearing was an attorney from the public defender's office, other than the one who represented petitioner at trial, and an assistant State's Attorney who had previously moved to dismiss the petition. When the motion for change of attorneys was presented, the court inquired as to the nature of the allegations in the petition and the appointed attorney accordingly summarized the allegations for the court. Subsequently, without hearing any additional evidence the court dismissed the petition and then denied the motion to appoint other counsel.

While we reassert that under the Post-Conviction Hearing Act there is no absolute right to appointment of non-public-defender counsel, and that such appointment is within the discretion of the trial court ( People v. Ashley, 34 Ill.2d 402; People v. Gray, 33 Ill.2d 349, cert. denied, 384 U.S. 718, 16 L.Ed.2d 881), in our judgment, under the circumstances present here, the petitioner was entitled to be represented at the hearing on his petition by appointed counsel other than the public defender. We have previously recognized the disadvantages, both to petitioner and the public defender's office, in having a representative from that office present petitioner's cause when his petition is based in part upon charges of incompetent representation afforded him at trial by the public defender. ( People v. Ashley.) This circumstance clearly confronts the public defender's office with a conflict of interest since, on one hand, its natural inclination would be to protect its reputation by defending against the charges of incompetency while, on the other hand, its duty as an advocate is to aid petitioner in establishing the veracity of these charges. This conflict-of-interest situation should be avoided and the petitioner be appointed counsel other than the public defender to represent him at a new hearing on his petition.

In view of the foregoing, we find it unnecessary to consider the merits of petitioner's substantive allegations. The judgment is reversed and the cause remanded for further proceedings consistent with the views herein expressed.

Reversed and remanded.

Mr. JUSTICE WARD took no part in the consideration or decision of this case.


Summaries of

The People v. Smith

Supreme Court of Illinois
Sep 29, 1967
37 Ill. 2d 622 (Ill. 1967)

In People v. Smith, 37 Ill. 2d 622, 623-24 (1967), we held that a per se conflict of interest exists when one public defender must question the effectiveness of another public defender in the same office. Twenty years later, we overruled Smith in Banks, 121 Ill. 2d 36. There, we stated that "it is not clear * * * that where an assistant public defender asserts the incompetency of another assistant, the reputation of the whole office is negatively impacted."

Summary of this case from People v. Hardin

In People v. Smith (1967), 37 Ill.2d 622, the defendant filed a pro se petition for a hearing under the Post-conviction Hearing Act (Ill. Rev. Stat. 1981, ch. 38, par. 122-1 et seq.)

Summary of this case from People v. Banks

In People v. Smith (1967), 37 Ill.2d 622, the defendant was represented at trial by an assistant public defender and later the defendant filed a pro se petition under the Act, charging trial counsel with ineffective assistance.

Summary of this case from People v. Banks

In Smith, a conflict of interest was found to exist where an assistant public defender alleged in a post-conviction petition that another assistant public defender had incompetently represented the defendant.

Summary of this case from People v. Walton

In People v. Smith, 37 Ill.2d 622, 230 N.E.2d 169 (1967), the petitioner sought post-conviction relief alleging, " inter alia, that his counsel at trial, an assistant public defender, was incompetent for various assigned reasons."

Summary of this case from Angarano v. United States

In People v. Smith, 37 Ill.2d 622, different members of the same public defender's office were appointed respectively to represent the defendant in the trial court, where he pleaded guilty, and also there in post-conviction proceedings in which he alleged, inter alia, trial counsel's incompetency.

Summary of this case from The People v. Sigafus

In Smith, petitioner filed a pro se petition alleging that his counsel at trial, an assistant public defender, was incompetent for various assigned reasons.

Summary of this case from People v. Morrow

In Smith, the alleged conflict occurred at a post-conviction hearing, but the conflict may arise at a post-trial hearing (People v. Norris (1977), 46 Ill. App.3d 536, 361 N.E.2d 105), or even during trial.

Summary of this case from People v. Johnson

In People v. Smith (1967), 37 Ill.2d 622, 230 N.E.2d 169, the defendant, who had pleaded guilty to charges of rape, robbery, and assault with intent to commit rape, filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, ch. 38, pars. 122-1 through 122-7), in which he alleged, inter alia, incompetence of the assistant public defender who represented him in connection with his guilty plea. Another attorney from the same public defender's office was appointed to represent the defendant in connection with his post-conviction petition.

Summary of this case from People v. Fields

In Smith an assistant public defender represented defendant at trial, and another assistant public defender represented him during the post-conviction proceedings where the claim was made that trial counsel was incompetent.

Summary of this case from People v. Neely

In People v. Smith (1967), 37 Ill.2d 622, 230 N.E.2d 169, our supreme court, in the context of a post-conviction hearing, held that where a defendant is represented by a member of the public defender's office on a petition which alleges incompetent representation by another assistant public defender from the same office, the public defender's office is clearly confronted with a conflict of interest since on the one hand it is inclined to protect its own reputation and on the other it must act as an advocate for the defendant to prove the truth of these charges.

Summary of this case from People v. Clem

In Smith, cited in the plurality opinion, the supreme court did nothing more than say that the trial court should have sustained the defendant's objection.

Summary of this case from People v. Walton

In Smith, relied upon by the defendant, the petitioner based his attack upon the validity of the previously entered guilty plea in part on an allegation of incompetent representation by trial counsel.

Summary of this case from People v. Watts
Case details for

The People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, vs. CURTIS A. SMITH, JR.…

Court:Supreme Court of Illinois

Date published: Sep 29, 1967

Citations

37 Ill. 2d 622 (Ill. 1967)
230 N.E.2d 169

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