People v. Hardin

840 N.E.2d 1205, 217 Ill. 2d 289, 298 Ill. Dec. 770, 2005 Ill. LEXIS 1626
CourtIllinois Supreme Court
DecidedDecember 1, 2005
Docket99696
StatusPublished
Cited by97 cases

This text of 840 N.E.2d 1205 (People v. Hardin) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hardin, 840 N.E.2d 1205, 217 Ill. 2d 289, 298 Ill. Dec. 770, 2005 Ill. LEXIS 1626 (Ill. 2005).

Opinion

JUSTICE FITZGERALD

delivered the opinion of the court:

The defendant, Tommy O. Hardin, was represented at trial by an assistant public defender. He was represented in postconviction proceedings by another assistant public defender. His postconviction attorney argued that his trial attorney was ineffective. The sole issue in this case is whether the simple fact that both attorneys were employed by the Du Page County public defender’s office necessitated an inquiry by the circuit court of Du Page County into a potential conflict of interest. The appellate court refused to remand for such an inquiry and affirmed the dismissal of the defendant’s postconviction petition. 353 Ill. App. 3d 522. For the reasons that follow, we affirm.

BACKGROUND

On May 5, 1997, the defendant was indicted on five counts of aggravated criminal sexual abuse. See 720 ILCS 5/12—16(d) (West 1996). The trial court appointed the Du Page County public defender’s office to represent the defendant. Assistant Public Defender Jameson Kunz was assigned the defendant’s case.

The defendant’s complaints with Kunz’s representation began almost immediately. At an October 6, 1997, court date, the defendant reported that Kunz had made “unethical and uncalled for” statements. According to the defendant, Kunz said his job was to “sell me out,” which led the defendant to “look bad on the whole public defender system.” The trial court found that the defendant’s accusation was not credible. The court told the defendant that it was Public Defender Stephen Baker’s decision which attorney would represent him, and the court indicated that it had not heard anything to discredit Kunz’s work. The defendant replied, “I respectfully do not want him as my attorney. I have told him to his face that he was fired. I don’t think he is going to represent me. And I do not have faith in him due to the fact of what was said in our conversations, period.” The trial court stated that Kunz was experienced and competent, but that the defendant had the option of representing himself. The court refused to direct the public defender to reassign the case, and it declined to appoint private counsel. The defendant then warned, “Your honor, it’s just that I feel it will be a conflict due to the fact that I will be filing with the disciplinary commission.” The trial court told the defendant that it would reconsider its decision if he filed a disciplinary complaint and such a conflict arose.

At a September 17, 1998, court date, the defendant asked the trial court to dismiss and replace Kunz. The trial court stated that “there has been nothing to indicate to me that he is incompetent or ineffective in his representation of you. If you are having some type of personality difficulties, that is something that I will not get involved in, and that is something that you have to direct to Mr. Baker.” The court requested that the defendant put his complaints in writing, so Kunz could understand them and relay them to Baker. On September 23, 1998, when the trial court asked if the defendant was continuing to ask for the dismissal of the public defender, the defendant clarified, “This particular one.” The defendant then submitted to the court a handwritten letter, which specified 16 reasons why Kunz was ineffective:

“1. He has made statements in the past that it is his job to sell me out.
2. He has tride [sic] to have a pre pie [sic] report ordered and he knew I was aposed [sic].
3. He knows that I have said that I will not plead out this case, but he has tried to get me to plead out.
4. He has state [sic] that if I bring thease [sic] points up to you that I will be found incopated [sic] for tril [sic].
5. Jami has told me that I have no say in what gose [sic] on this case.
6. I have told him on severol [sic] accounts that this is taking to [sic] long.
7. He has asked for some continuances so he could do somthing [sic] but never did it.
8.1 have object [sic] to some of the continuances that he and the State have agreed to and even on record and for example and I was over ruled by you your Honer [sic].
9. Jami has made threats that if I cause him problemes [sic] that I will get more time.
10. Jami has kept me in the dark on most things.
11. When I asked him to file things he has refused.
12. On some motions that he has filed he wasn’t prepared to argure [sic] the motion but the State was.
13. He has been doing the States [sic] job for example when I objected to this last contunence [sic] he did not argure [sic] for me but agreed with the State and argued for them.
14. I’m intitled [sic] to counsle [sic] that has my best intrsed [sic] in minde [sic] but I don’t example I was served withe [sic] the wornt [sic] in the I.D.O.C. at Céntrale [sic] on or around March 8th 1997 and Jami knew this. But the police officers came and got me on April 25th 1997 my indictment did not come till May 2nd 1997 whe [sic] the police officers came and got me it should never have hap-pend [sic] my rights to the right of due process for the state to find probable cause with in the alotted [sic] amount of time give [sic] by law 30 days I told him about this he blew it off.
15. I’ve asked for a compleat [sic] copy of the transcripts so that I might use and find the ones that would prove my points in the past but Jami has said he will decide what transcripts that I will get.
Under Artacol [sic] 1 Secten [sic] 8 of the Illinois State Constitution
16. I have tried to get Jami to file a motion to supress [sic] evedens [sic] he refuse. I my self [sic] asked Judge Dockery who denide [sic] it.”

The court scheduled a hearing on the defendant’s allegations.

At an October 5, 1998, court date, Kunz stated that he had discussed this list with Baker, and that Baker saw no basis in the defendant’s charges to reassign the case. The trial court agreed, stating:

“Most of these items, to be perfectly honest, are very vague, and some of them are certainly matters of strategy or legal tactics which do fall within the province of the attorney ***. *** [M]ost *** are items that appear to be some type of a personality conflict between the two individuals ***. And as I indicated to [the defendant] several times, the Court is not going to become involved in any type of issues of personality conflict. My concern is whether there has been ineffective representation by Mr. Kunz of the defendant, and I find nothing raised in these points to show that.”

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Cite This Page — Counsel Stack

Bluebook (online)
840 N.E.2d 1205, 217 Ill. 2d 289, 298 Ill. Dec. 770, 2005 Ill. LEXIS 1626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardin-ill-2005.