People v. Miller

65 V.I. 217
CourtSupreme Court of The Virgin Islands
DecidedJuly 8, 2016
DocketS. Ct. Civil No. 2016-0001
StatusPublished
Cited by6 cases

This text of 65 V.I. 217 (People v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Miller, 65 V.I. 217 (virginislands 2016).

Opinion

OPINION OF THE COURT

(July 8, 2016)

Swan, Associate Justice.

Samuel L. Joseph, Esq., Chief Public Defender in the Office of the Territorial Public Defender (“Attorney Joseph”), appeals the Superior Court’s orders which involuntarily appointed him to represent the defendant, Rodney E. Miller, Sr. (“Miller”). For the reasons enumerated below, we accept jurisdiction and vacate the orders appointing Attorney Joseph as counsel.

I. BACKGROUND

The facts germane to the underlying criminal case are undisputed. In 2008, Miller was charged with a litany of offenses, including violations of the Criminally Influenced and Corrupt Organizations Act, 14 V.I.C. § 600 et seq. (“CICO”). Miller’s trial on these crimes commenced in May 2011, in which he was represented by the law firm of Dudley Clark & Chan, LLP. Following five days of deliberations, the jury was unable to reach a unanimous verdict, which resulted in the trial court declaring a mistrial on June 24, 2011. This Court subsequently upheld the mistrial in Najawicz v. People, 58 V.I. 315 (V.I. 2013). In the interim, the Superior Court had permitted Dudley Clark & Chan, LLP to withdraw from representing Miller because he had failed to pay his attorneys’ fees.

In September 2012, Miller moved in the Superior Court for the appointment of counsel. The court denied Miller’s request because it had not found that Miller was financially unable to afford the services of an attorney. Nevertheless, the court re-examined Miller’s application a year later, as he remained unrepresented by counsel. Mindful that. Miller’s financial resources had largely been depleted, and concerned that the defendants in companion cases could be prejudiced if Miller was compelled to proceed pm se, on October 4, 2013 the Superior Court [221]*221appointed the Office of the Territorial Public Defender to represent Miller. Pursuant to internal office procedure, Miller’s case was assigned to former public defender, Robert Leycock, Esq. (“Attorney Leycock”). Later that month, Attorney Leycock moved the Superior Court to be relieved as counsel, citing a conflict of interest stemming from a familial relationship with a defendant in a companion case. The Superior Court held a hearing on Attorney Leycock’s motion two months later, on December 3,2013. At the hearing, Miller represented to the court that he was amenable to continued representation by the Office of the Territorial Public Defender, provided that no conflict existed. The court did not find an actual conflict of interest, but nevertheless relieved Attorney Leycock from the case because it concluded that there existed a potential for a conflict of interest which warranted Attorney Leycock’s withdrawal. The court simultaneously ordered, “Chief Public Defender Samuel Joseph, Esq., is appointed to personally represent Defendant Miller.” (JA at 154.) Lastly, the court directed Attorney Joseph to create an “ethical wall” within the Office of the Territorial Public Defender to ensure that Miller received conflict-free representation.

At the beginning of the following year, on January 27 and 28, 2014, Attorney Joseph filed two motions to be relieved as counsel, raising substantially the same two issues. First, Attorney Joseph challenged the legal efficacy of the “ethical wall” which had been ordered by the court. Attorney Joseph argued that members of the Public Defender Administration Board and employees of the Office of the Territorial Public Defender had relationships with related defendants which gave rise to conflicts of interest, and he posited that those conflicts were imputed to the entire office. Attorney Joseph also contended that, under 5 Y.I.C. § 3503(a), the Superior Court lacked the requisite authority to select an individual public defender to represent an indigent defendant, adding that such an order was disruptive to the operation processes of the Office of the Territorial Public Defender.

In a memorandum opinion entered on February 27, 2014, the court acknowledged that its practice was to generally refer an indigent defendant to the Office of the Territorial Public Defender and allow the Office to assign an attorney to the case. But, as justification for its decision to assign Attorney Joseph specifically, the court concluded that 5 V.I.C. § 3503(a) did not expressly prohibit the court from selecting a particular attorney from the Office. The court also explained that a [222]*222“specific assignment” was necessary, considering the posture of the case. (JA at 125.) The following year, during a pretrial conference on September 8, 2015, the trial court verbally reaffirmed its ruling.

Attorney Joseph subsequently moved the Superior Court to enter a written order or opinion, memorializing its September 8, 2015 ruling. Thereafter, on January 8, 2016, Attorney Joseph filed a notice of appeal of the September 8, 2015 verbal ruling, pursuant to the collateral order doctrine. The Superior Court then entered its memorandum opinion on January 29, 2016. The court reiterated its position that it was not statutorily barred from appointing an individual public defender to represent Miller. Also, for the first time, the court stated that it derived its authority from the statute governing in forma pauperis proceedings, 4 V.I.C. § 513, which provides for the appointment of an attorney for persons unable to hire counsel. To date, no other named party has filed a notice of appearance or otherwise responded to this appeal.

II. JURISDICTION

Generally, this Court may only hear an appeal from a final judgment, which is defined as “one that ends the litigation on the merits and leaves nothing to do but execute the judgment.” Rojas v. Two/Morrow Ideas Enters., Inc., 53 V.I. 684, 691 (V.I. 2010) (quoting V.I. Gov’t Hosp. & Health Facilities Corp. v. Gov’t of the V.I., 50 V.I. 276, 279 (V.I. 2008)). However, Attorney Joseph urges us to exercise jurisdiction over this appeal under the collateral order doctrine, which we recently expounded in In re Holcombe, 63 V.I. 800 (V.I. 2015).

In our appealability determination for collateral orders, the challenged ruling(s) “must conclusively determine the disputed question; resolve an important issue completely separate from the merits of the action; and must be effectively unreviewable on appeal from a final judgment.” Id. at 815 (quoting Hard Rock Café v. Lee, 54 V.I. 622, 628 (V.I. 2011)). We agree with Attorney Joseph that all three factors of the collateral order doctrine analysis are satisfied here, thereby qualifying this matter for immediate appeal.

First, the trial court’s September 8, 2015 verbal ruling and its concomitant written orders conclusively decided the disputed issue. In its February 27, 2014 memorandum opinion, the Superior Court concluded, “in no way does 5 V.I.C. § 3503(a) prohibit the court from assigning a specific attorney from the Office of the Territorial Public Defender” to [223]*223represent an indigent defendant, and held that the court is therefore empowered to do so. (JA at 125.) And, the court reiterated this finding in its January 29, 2016 memorandum opinion. We have determined that orders concerning whether an attorney should represent a client satisfy the first factor in the collateral order doctrine. Id.; Whiting v. Lacara, 187 F.3d 317, 320 (2d Cir. 1999) (“An order denying counsel’s motion to withdraw conclusively determine(s) the disputed question because the only issue is whether . . . counsel . . .

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Cite This Page — Counsel Stack

Bluebook (online)
65 V.I. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-virginislands-2016.