Does a state-created right to require written consent from a client when others pay the attorney's fees constitute a denial of conflict-free counsel, thus denying the petitioner his Sixth Amendment right to counsel?

QUESTION PRESENTED , : Petitioner contends that a criminal defendant is entitled to : é counsel at all crucial stages of the proceeding. United states : ° Constitution, Sixth Amendment; California Constitution Article : 1, gs. Once counsel has become attorney of record all lega 6 steps must be taken by the attorney. Petitioner contends that , 7 the word "must" when used in this text is not permissive. , 8 Generally the attorney controls all decisions affecting trial g|}tactics and court proceeding(People vMasterson (1994) 3/4 10 | cr2a 679. il Petitiner asserts that a criminal defendant is guaranteed 12] the right to the assistance of counsel by the Sixth Amendment 13 | tot the United States Constitution, and Article l, section 15 14} of. the california Constitution. Petitioner assert's that these ; b constitutional right includes the correlative to representation 16 free from-any conflict of interest that under mines counsel's . u loyalty to his or her client. : a Petitioner contends that when attorney fees are paid by jother . . than the client lawyer's must ensure that their loyalties re : 2 reserved solely for the client. California Rules of Proffesional 2 Conduct mandate that the attorney must obtain the client's} : 23 |) informed written consent before representation begins, (Se . 24]) Cal Rules of Prof Cond 3-310(F) (3). Again the word "must" is oo 25]} not permissive when used in this text. ; ; : 26 The question before this court is, Does a state created Fight . 27} such as an attorney must obtain a written consent from a client 28) when other's pay the attorney's fees, constitute a denial CV-177 (05-09) ~~~ ~S*@PCLEA@ING PAGE FORA SUBSEQUENTDOCUMENT : 1] of conflict free counsel, thus denying the petitioner his 2} Sixth Amendment right to counsel. The state created right 3 specifically states that the written consent must be obtained: 41 "before" representation begins. California Rules of Proffegsional : 5 Conduct. In this text the State of California indicates that : representation does not begin until the written consent is 7 obtained, if a written consent is not obtained, petitioner 8 |. : was never provided with conflict free counsel, therefore 9 10 leading to denial of counsel within the good faith meaningjof ul the Sixth amendment and the California Constitutuion. 2