Reviewed on: April 20,2026

What to Do When Your Court Appointed Lawyer Has a Conflict?

My daughter was appointed a court appointed attorney on Thursday. Her bail was set very high. Her court appointed attorney said that she cant represent her because she is already representing someone in the same case. Does she have to wait until her next bail hearing on 12/31/15 before shes appointed another court appoint attorney

Asked: November 24, 2015
Author: Sarah
Ask the inmate answer
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When a court-appointed attorney identifies a conflict of interest, which is exactly what happened here when the same attorney is already representing another party in the same case, they are ethically and legally required to withdraw from representation. That is actually the system working correctly even though it feels like a setback in the moment.

The question of whether she has to wait until the December 31 bail hearing to get a new attorney is worth pushing back on rather than accepting as the only option.

A conflict of interest that leaves a defendant without representation is a situation courts are required to address promptly. Your daughter or someone acting on her behalf can contact the court directly and ask that a new attorney be appointed immediately rather than waiting for the next scheduled hearing. The public defender's office or the court clerk's office is the right place to make that request. Explaining that the appointed attorney withdrew due to a conflict and that the defendant is currently unrepresented with a bail hearing approaching is urgent enough to warrant immediate attention.

In many jurisdictions the judge has the authority to appoint a replacement attorney outside of a scheduled hearing when representation has lapsed due to a conflict. Filing an emergency motion or a written request to the court asking for expedited appointment of new counsel before the December 31 date is worth attempting.

The high bail amount is also something new counsel can address immediately upon appointment. A bail reduction motion can be filed as soon as representation is established and does not have to wait for a scheduled hearing in most jurisdictions.

https://www.inmateaid.com/ask-the-inmate/what-to-do-when-your-court-appointed-lawyer-has-a-conflict#answer
Accepted Answer Date Created: November 25,2015

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