Robert D. Chase: Defense attorney protected by Constitution; DA, Bee should tread carefully

I do not know what happened between defense attorney Amber Lunsford and her client; I was not there. However, I am very concerned about the titillating coverage by The Modesto Bee and the attempt by the District Attorney’s office to publicly scandalize Lunsford and remove her as the attorney appointed by the court to represent her client due to claims of conflict of interest.

An attorney-client relationship is protected by the Sixth Amendment to the United States Constitution. Any attempt by the district attorney or the court to interfere with that relationship is very limited, and carefully scrutinized. Proceedings to remove an attorney from a case often require a hearing that, under California Law, should be on the record by way of a closed hearing, out of the presence of the District Attorney or the press. That enables the court to make proper inquiry without sensationalizing the case or improperly requiring the disclosure of confidential attorney/client communications. Nothing is to be gained by airing these allegations in public.

This story was originally published January 15, 2015 at 11:15 AM with the headline "Robert D. Chase: Defense attorney protected by Constitution; DA, Bee should tread carefully."