No. 22-5172

Glen Torres v. Illinois

Lower Court: Illinois
Docketed: 2022-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: co-counsel constitutional-right counsel-of-choice disqualification indigent-defendant right-to-counsel sixth-amendment trial-representation
Key Terms:
DueProcess ClassAction
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?

Question Presented (OCR Extract)

QUESTION PRESENTED The Sixth Amendment guarantees criminal defendants the right “to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even though he is without funds.” Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624-25 (1989). Mr. Torres is indigent, so his lead counsel at trial was appointed by the court. A second attorney entered her appearance as co-counsel without being appointed by the court. The trial court disqualified that second attorney over Mr. Torres’ objection that doing so would violate his right to be represented by his counsel of choice. The Illinois Appellate Court held that Mr. Torres’ constitutional right to representation by counsel of choice did not apply to co-counsel. The Question Presented, upon which the federal circuits and state courts of last resort are divided, is: Does the Sixth Amendment right to choose one’s attorney apply to private and pro bono co-counsel?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-09
Waiver of right of respondent People of the State of Illinois to respond filed.
2022-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2022)

Attorneys

Glen Torres
Roxanna A. MasonOffice of the State Appellate Defender, Petitioner
Roxanna A. MasonOffice of the State Appellate Defender, Petitioner
People of the State of Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent