OPINION
CLINTON, Judge.
This cause seeks to invoke the original subject matter jurisdiction of the Court provided by Tex.Const. Article V, § 5,1 and is denominated an original application for both writ of habeas corpus and writ of prohibition by the Petitioner. A detailed chronology of events to which we may refer throughout, is essential to an understanding of the issues presented.
On or about December 12,1981, two Texas Department of Corrections (T.D.C.) inmates escaped from the Coffield Unit located in Anderson County and crossed the Trinity River into Freestone County. They allegedly entered several weekend homes along the river, taking food and clothing, then appropriated a dump truck for transportation. These inmates, one of whom was Richard P. Stone, were apprehended a short time later at a roadblock set up by T.D.C. employees, and returned to the Cof-field Unit. Richard Stone was thereafter indicted by a Freestone County grand jury for the offenses of burglary of a habitation and unauthorized use of a vehicle.
The record indicates that after these indictments were returned, T.D.C. authorities were reluctant to release Stone to Freestone County, preferring instead to keep him in custody at the Coffield Unit and have T.D.C. security personnel escort him to and from Freestone County for court appearances.2
It was apparently on February 1, 1982, that the Honorable P. K. Reiter, Judge of the 87th Judicial District Court of Freestone County (Respondent), contacted W. J. Estelle, Director of the Texas Department of Corrections, by telephone, and informed him of the necessity to appoint counsel for Stone and his coindictee who were indigents incarcerated in T.D.C. Respondent advised Estelle that in view of the custodial circum[588]*588stances of the accused, he was considering appointing Staff Counsel for Inmates (staff counsel).3 Estelle advised Respondent that “whoever the court appointed was fine with [him];” he confirmed that the staff counsel do not represent T.D.C. or T.D.C. employees and agreed that he could see no conflict of interest in staff counsel attorneys accepting such an appointment; he further confirmed that he would anticipate no hardship “since these lawyers frequently travel to the various [T.D.C.] units in performance of their duties.” Estelle agreed to have the Director of the Staff Counsel, William Louis White (Petitioner), contact Respondent by telephone.4
On the same day, February 1, 1982, Respondent entered an order appointing Petitioner to represent Stone in both causes.
Thereafter, on February 5, Petitioner did contact Respondent and advised him that pursuant to Estelle’s instruction, he was providing the court with names of two staff counsel attorneys, including his own. Though the evidence conflicts somewhat, it appears that Petitioner informed Judge Reiter that he was simply following instructions by furnishing the names, and that if the court did appoint him, he later might “disagree or express [his] opposition to the appointment.”5 Thereafter, Petitioner received by mail the written order appointing him to represent inmate Stone which Respondent had already entered on February 1.
It somehow came to the attention of Respondent in early March that Petitioner objected to his appointment. Respondent suggested that a motion to withdraw be filed by Petitioner, and requested the Honorable Tate McCain, also a Judge of the 87th Judicial District, to hear the motion. Petitioner did file a motion to withdraw which essentially alleged the following: (1) that due to the circumstances of Stone’s arrest after his escape, other T.D.C. employees would be called to testify to establish the validity of that arrest, placing Petitioner in conflict with interests of either his fellow employees (and perforce, his employer), or his client, Richard Stone; (2) that the investigation and trial of the case would work a hardship on Petitioner because the situs of the trial is approximately 86 miles from Huntsville, his residence, and the Cof-field Unit is approximately 100 miles from Huntsville; (3) that representation of Stone would take Petitioner away from his full time duties as Director of the Staff Counsel and the staff was at that time “short of attorneys;” and (4) that Petitioner would be required to take earned vacation time from his State employment for all time spent representing Stone because T.D.C. funds would not be available for such activity.
On March 8, 1982, a hearing was convened upon this motion before Judge McCain. Petitioner stated into the record, “it’s my firm belief that any conviction [of Richard Stone], if I am forced to proceed, would be reversed by the Court of Criminal Appeals because of [the] conflict [of interest].” The county attorney elicited from Petitioner that the latter engaged in a limited private practice in addition to his full time State employment; that Petitioner does not represent T.D.C. employees; that Petitioner understood that Stone was not [589]*589charged with any “offense against the Texas Department of Corrections” and, finally, “that the Court has appointed you in your individual capacity6 and not as a staff counsel ... for inmates with the Texas Department of Corrections.” Judge McCain overruled Petitioner’s motion to withdraw and set an April 5,1982 trial date for Stone; then the following transpired:
“[PETITIONER]: Your Honor, respectfully I decline the appointment and feel that it is contrary to the law of the State that I ... continue with the appointment and would refuse to accept it.
THE COURT: Well, it is with equal amount of respect, sir, that I regret that you have refused to follow the dictates of this Court and I consider your refusal to do so as an act of contempt and in punishment therefor [assess 30 days confinement in the Freestone County jail].”
Petitioner was ordered jailed but then released on his personal bond pending a second hearing.7 Judge McCain’s order and commitment were reduced to writing on the same day. On March 16, Judge McCain entered another order, setting a contempt hearing before another appointed district judge, for April 1, 1982.
On April 1, the Honorable David Walker of the 159th Judicial District, pursuant to appointment, convened a second hearing. At this hearing Petitioner elaborated upon his view of the conflict of interest he anticipated in the event he were to represent Stone. Due to the nature of the offenses charged, Petitioner was of the opinion that it would be incumbent on the State to prove “the whole criminal transaction, ... circumstances of [Stone’s] escape [from T.D.C.] would have to be proved up.” Also, it was Petitioner’s understanding “that [Stone’s] arrest involved employees of the Texas Department of Corrections. * * * That there was a roadblock set up by the Texas Department of Corrections and ... [Stone was] arrested at that time as a result of the roadblock.” Petitioner opined that the validity of that roadblock would be litigated in Stone’s defense because it was his understanding that T.D.C. “has no authority under state law” to stop a vehicle on a public road. Therefore, Petitioner would be placed in the position of either having to attempt to show that fellow T.D.C. employees were acting illegally and possibly not testifying truthfully, or failing to provide Stone with the vigorous representation to which he was entitled.
Petitioner testified that he was not necessarily concerned that he might lose his State job, but explained that, due to the nature of the staff counsel’s objectives, the relationship between the inmate attorneys and other T.D.C. employees was at times a tenuous one to which the staff was always attentive since the success of many pursuits on behalf of inmates was dependent on the cooperation of these fellow employees, the “keepers” of his clients. It was Petitioner’s “fear that [his] zealous defense of [his] client might conflict with the longer range purposes that [he had] as director of staff counsel.”
Petitioner stated that he did not think a lawyer placed in his position could feel assured in his own mind that he could represent Stone without an attitude of divided loyalty; therefore, it was his professional opinion that postconviction relief would be [590]*590granted Stone either in State or Federal court in the event a conviction were obtained and upheld on appeal, even if Stone entered a plea of guilty. Petitioner testified he had never before refused an appointment in his 22 year legal career.
There was also testimony regarding the unavailability of staff counsel funds for Stone’s representation under the circumstances and the collateral hardship such representation would cause Petitioner.8 The county attorney adduced evidence that Petitioner had made appearances in the 87th Judicial District Court on an unrelated matter in his capacity as a staff counsel attorney in February of 1982.
The county attorney, Robert Gage, testified it was his understanding from conversations with him, that Judge Reiter had appointed petitioner to represent Stone because Petitioner “would have ready access” to Stone at the Coffield Unit. Gage also testified there were about four attorneys in Freestone County who were competent to handle criminal cases, and there existed no “unusual situation or crisis” in the county preventing those attorneys from being appointed.
At the conclusion of the hearing Judge Walker orally announced there was no showing Judge McCain’s prior order of contempt was in error, and reduced Petitioner’s punishment to five days in jail and a $300.00 fine. Further, Petitioner was ordered' to purge himself of contempt by agreeing to represent Stone in writing or open court, within teii days from that date. Petitioner’s existing bond was continued in the event it was his desire to pursue further remedies in this Court. On the same day, April 1, Judge Walker’s order was reduced to a written Judgment of Contempt in which its enforcement was stayed for ten days in order to allow Petitioner time to either agree to represent Stone and thereby purge himself of contempt, or file an original habeas corpus action in this Court. Under the written judgment, if Petitioner choose to seek relief in this Court, enforcement was ordered stayed until ten days after this Court “finally disposed of this cause.” Salient portions of the Judgment of Contempt are reproduced in the margin.9
On April 12, 1982, a Monday, Petitioner timely presented10 an original application for writ of. habeas corpus and motion for stay in this Court. On the morning of April 15, this Court denied Petitioner leave to file without written order.
Since a pretrial hearing in the causes entitled State v. Stone had been set for April 15, Petitioner appeared before Respondent that afternoon and, according to the parties’ briefs, he at that time presented additional evidence on and reurged his motion to withdraw.11 The record indicates [591]*591that at this time County Attorney Robert Gage advised Respondent in open court that there was a conflict, or a potential conflict, and that Petitioner should be permitted to withdraw. Defendant Richard Stone was present during this hearing. Respondent requested that law and argument on the issue be submitted in writing no later than April 21, and withheld his ruling.
Thereafter, on April 21, Petitioner personally delivered to Respondent his “brief” as well as his written acceptance of the appointment to represent Stone, along with a letter to Respondent stating that such acceptance was being filed “according to the terms of [Judge Walker’s] Judgment of Contempt.” Later that day, the letter of acceptance was filed with the district clerk.
Respondent, however, did not agree that Petitioner’s “acceptance” was in conformity with the Judgment of Contempt12 and on April 22, issued a written order denying Petitioner’s motion to withdraw. Contained in this order were nine “Findings of Fact”13 concerning “competency of counsel,” and the conclusions of law that “William L. White is not disqualified to represent [Stone], is fully competent to perform all duties ... and does not have a conflict of interest in representing the defendant, which would deprive the defendant of his right to effective counsel.”
Having received word of Respondent’s oral order that Petitioner should be confined, Petitioner’s counsel, on Sunday, April 25, contacted Judge Reiter at home by telephone. Respondent advised counsel that he had instructed J. R. Sessions, Sheriff of Freestone County, to expect Petitioner to appear, and to confine him at that time. Counsel told Respondent that if the court were ordering Mr. White to jail, he would voluntarily surrender the following morning, Monday, April 26; Respondent replied that this was satisfactory.
At 8:00 a. m. on April 26, Petitioner appeared at the Freestone County Sheriff’s Office. He was stripped and subjected to a body search. He was then given jail garb and placed in a cell at 8:20 a. m.
On the same morning, the original applications for writ of habeas corpus and writ of prohibition before us were presented to this Court on Petitioner’s behalf. The cause was ordered filed and set for submission to the Court En Banc on May 26. The Court additionally ordered all proceedings in the trial court stayed pending further orders of this Court.14 Pursuant to our order, Petitioner was released by the Freestone County Sheriff at 1:30 p. m. on April 26, after being photographed and fingerprinted.
According to an affidavit of Petitioner contained in the record before us, on April 27 he consulted with inmate Stone. At this time, Petitioner advised Stone of his rights and guarantees under the State and Federal Constitutions to the effective assistance of counsel. He advised Stone that these guarantees could be waived by him. Petitioner explained to Stone his opinion that his representation of him would create a conflict of interest, but that Stone could waive the conflict if he understood it. Stone indicated an unwillingness to waive any rights to the effective assistance of counsel. Petitioner consulted with Stone in more detail on the matter on April 28. At this time, Stone executed an affidavit stating he refused to waive anj conflict with his own interests which might arise through Petitioner’s representation of him and desired conflict free counsel.
[592]*592As stated ante, Petitioner is represented by The Texas Criminal Defense Lawyers Association, and has filed, in addition to his original applications and affidavits by himself, his counsel and inmate Stone, a “Brief for Petitioner.” Sheriff J. R. Sessions is represented in this Court by Freestone County Attorney, Robert W. Gage, and has filed a “Respondent’s and State’s Answer.” 15 And finally, the Honorable Putnam Kaye Reiter, Judge of the 87th Judicial District Court, Respondent here, has filed a “Motion for Leave to File Brief by Amicus Curiae,” a “Brief by Amicus Curiae” and a “Brief by the District Court,” alleging in the motion for leave that, “[t]he trial court has asked for representation by the traditional proponents of the court, but such has not been forthcoming. Therefore the offended tribunal ... is without an advocate before the Court of Criminal Appeals, unless the trial court is permitted to file an amicus curiae brief.” We have considered assertions made by Respondent in his briefs in ascertaining matters of fact. Article 1806, V.A.C.S.
I. Habeas Corpus
Turning first to Petitioner’s application for habeas corpus, brought to contest Judge Walker’s March 9 Judgment of Contempt, inter alia, we find merit in the contention that Respondent unlawfully restrained Petitioner pursuant thereto by verbally ordering his confinement in the Freestone County Jail on April 26. Ex parte Alderete, 83 Tex.Cr.R. 358, 203 S.W. 763 (1918). “It is well settled that a written order of commitment, which is the warrant ... by which a court directs a ministerial officer to take a person to jail and to detain him there, is an essential prerequisite to the imprisonment of a person for contempt.” Ex parte Hardin, 161 Tex. 567, 344 S.W.2d 152, 153 (1961); see also Ex parte Baize, 453 S.W.2d 185 (Tex.Civ.App.-Eastland 1970, no writ); and Article 43.11, V.A.C.C.P.; cf. Todd v. State, 598 S.W.2d 286 (Tex.Cr.App.1980).
Thus, we are constrained to reject Respondent’s argument made in reply to this contention that Petitioner “voluntarily, without request for hearing, and without objection presented himself to the Freestone County Sheriff for incarceration.” There being no written instruction in any form to the Sheriff of Freestone County to confine Petitioner pursuant to the Judgment holding him in contempt included in the record before us, Petitioner is ordered released.
II. Prohibition/Mandamus
The matter, however, does not end here. Petitioner also has before this Court an application for extraordinary relief denominated “writ of prohibition” which seeks a review of Respondent’s ultimate denial of his motion to withdraw from representing Richard P. Stone and a prohibition of the enforcement of Respondent’s order appointing him.
We doubt the propriety of Petitioner’s first chosen remedy for contest of Judge Reiter’s order appointing him to represent Stone, viz: refusal to accept the appointment, contempt and habeas corpus;16 furthermore, a thorough review of the record clearly reveals the tenacity with which all parties to this litigation are committed to pursuing it — well beyond our disposition today if necessary. Thus, it may be seen there are compelling reasons that this Court fully and completely adjudicate Petitioner’s application for extraordinary relief; and, indeed, the least of these is not the collateral effect this litigation has had, continues to [593]*593have and will otherwise in the future have upon the integrity of the prosecutions presently pending in Freestone County against Richard P. Stone.
A.Specific Nature of Extraordinary Remedy Sought
It is now settled that in determining the specific nature of the extraordinary remedy sought, this Court is not bound by the denomination contained in the pleadings, but will look to the essence of the pleadings, including prayers, as well as the entire record before us. Garcia v. Dial, 596 S.W.2d 524 (Tex.Cr.App.1980); Vance v. Clawson, 465 S.W.2d 164 (Tex.Cr.App.1971); and see, e.g., Broggi v. Curry, 571 S.W.2d 940 (Tex.Cr.App.1978).
“The writ of prohibition appropriately issues to ‘prevent the commission of a future act and not to undo, nullify, or review an act already performed; it will not be granted when the act sought to be prevented is already done, but will lie when such act is not a full, complete, and accomplished judicial act.’ Vance v. Clawson, at 168, 169; Smith v. Blackwell, 500 S.W.2d 97 (Tex.Cr.App.1973).”
Garcia v. Dial, supra, at 529. Because Petitioner essentially seeks a writ from this Court which would set aside Judge Reiter’s order appointing him to represent Stone, the relief sought is mandamus. Compare Garcia v. Dial, supra and Vance v. Clawson, supra, with LeBlanc v. Gist, 603 S.W.2d 841 (Tex.Cr.App.1980).
B.No Adequate Remedy at Law
“Mandamus is only available where no other adequate remedy at law is available.” Vance v. Routt, 571 S.W.2d 903, 907 (Tex.Cr.App.1978).
It is urged by Judge Reiter’s brief that if a conflict of interest exists in Petitioner’s representation of Stone, that it is Stone and he alone who has a right to complain. Implicit in this argument is the corollary that, should Stone be convicted in one or both criminal causes, a direct appeal from such conviction(s) would constitute a remedy adequate to adjudicate the conflict issue raised in this extraordinary action. We disagree.
Assuming arguendo that the conflict urged by Petitioner exists but Petitioner nevertheless vigorously undertakes the defense of his client, it is true that Stone’s constitutional right to conflict free counsel would be vindicated by a direct appeal, albeit after the expense, anxiety and dissipation of judicial resources incident to a voidable proceeding. Cf. Garcia v. Dial, supra. But patently such an appeal would do nothing to rectify the damage done to the interests of every other indigent inmate of T.D.C. who, by necessity, must rely on the cooperative relationship between staff counsel and other T.D.C. employees for speedy, often informal, effectuation of their legal rights.17
Moreover, again for the sake of argument, if we assume that, notwithstanding the conflict, Petitioner is so effective in his zealous defense of Stone that the latter is acquitted, how then could the conflict ever be reviewed? Clearly, it could not, yet, again, the interests of all other indigent clients of the staff counsel would be left in a dire state, a result of the shattered relationship between Petitioner and his fellow employees, some of whom he had successfully revealed to have acted illegally, or at least, to have testified less than truthfully, during his defense of Stone. This strikes us as an example of winning a battle while losing the war.
In sum, we cannot agree that Stone has the only interests which may be affected by the action before us. We hold that no other remedy is adequate to dispose of the issue raised under the circumstances presented in this extraordinary proceeding.18
C.Discretionary Act ?
It is also well settled that mandamus will not issue to compel a particular result [594]*594in what is manifestly a discretionary decision, Garcia v. Dial, supra; see, e.g., Williams v. Placke, 587 S.W.2d 166 (Tex.Cr.App.1979); and Ordunez v. Bean, 579 S.W.2d 911 (Tex.Cr.App.1979), though mandamus may be appropriate to impel the consideration of a motion, the issuance of a ruling, an entry of a judgment or other act, the doing of which is not discretionary. Id.
Thus, in order to determine whether extraordinary relief will lie here, it is essential that we examine not only the order denying Petitioner’s motion to withdraw, but also the precise issue presented by that motion, as well as the bases expressed by Judge Reiter for his ruling.
As was observed ante, Respondent entered nine written findings of fact on which his ruling was based; paraphrased, those findings are:
(1) Stone is incarcerated in T.D.C.;
(2) Stone is indicted for a felony offense “with uncomplicated facts;”
(3) Stone is indigent and has requested appointment of counsel;
(4) The court appointed William L. White to represent Stone;
(5) White is employed by the State “substantially the same as prosecuting attorneys, assistant attorney generals [sic], district and appellate judges, at least as regards to salary;”
(6) White does not represent the State or employees of T.D.C., but only convicts;
(7) White engages in some private practice and has on prior occasions been appointed to represent indigents “without any question as to his competency;”
(8) White has previously appeared in this court representing T.D.C. convicts “without any question as to his competency;”
(9) White is a duly licensed member of the State Bar of Texas and “[is] in general competent to practice criminal law in this Court.”
Respondent’s written conclusions of law which purported to compel denial of Petitioner’s motion to withdraw are: (1) Petitioner is not disqualified to represent Stone; (2) Petitioner is competent to perform all duties of counsel for the defense; and, (3) Petitioner does not have a conflict of interest in representing Stone which would deprive Stone of his right to the effective assistance of counsel.
While it is clear Respondent’s written fact findings support his first and second conclusions of law above, it is equally apparent that none of those findings supports the third conclusion, that no conflict of interest which could implicate Stone’s Sixth Amendment right to the effective assistance of counsel exists.19
From the briefs filed by Respondent in this Court, it is apparent that the only basis [595]*595for the conclusion that no potential or present conflict of interest exists in Petitioner’s representation of Stone is that “Mr. White’s superior, W. J. Estelle, Jr., stated he had no objection to the appointment ... and that it would not interfere or conflict with his duties as Director of Staff Counsel for Inmates.”
With all due respect to Mr. Estelle, this Court is unprepared to defer to his determination (if, indeed, he made one; see n. 4, ante) of an issue which is appropriately made only after careful consideration of all relevant facts and circumstances by a member of the judiciary;20 it follows that Respondent’s conclusion upon the issue is not supportable by the fact that the Director of T.D.C. was unable to perceive a conflict six weeks after Stone’s alleged commission of the offenses in question.21 Indeed, we find no evidence at all in the record before us [596]*596which would support Judge Reiter’s conclusion that no potential conflict is presented by the relationship between Petitioner and the State’s primary witnesses against Stone in Petitioner’s representation of Stone.
Like Respondent’s written findings and conclusions, the focus reflected by his briefs without ambiguity is upon whether Petitioner is “disqualified” or is presently “incompetent” as a criminal attorney.
But we are unable to see from Petitioner’s motion to withdraw or any arguments advanced that Petitioner has ever claimed that he is “disqualified” to represent Stone or is “incompetent” to represent one criminally accused in general. See n. 19, ante.
III. Remedy
In sum, the record reflects no consideration by Respondent of the precise issue raised by Petitioner’s motion to withdraw. It is not within Respondent’s discretion to pretermit consideration of that issue, an issue which is of constitutional magnitude, and the erroneous determination of which would result in a gross dissipation of judicial resources. Accordingly, it is an appropriate use of this Court’s power to issue the writ of mandamus, that we now order Respondent to consider the conflict of interest question raised by Petitioner’s motion to withdraw and enter de novo findings and conclusions on that issue.
The record establishes that attorneys employed as staff counsel are prohibited by contract from representing persons whose legal interests are adverse to T.D.C. or T.D.C. employees acting within the scope of their employment. See n. 3, ante. Therefore, in complying with this Court’s order, Respondent must determine from the evidence whether the unique facts 22 comprising Stone’s alleged escape from T.D.C., his alleged commission of the offenses in question, his arrest and any other issue which might arise in Stone’s prosecution, will place Petitioner in a position of advocating “legal interests [which] are adverse to T.D.C. or T.D.C. employees acting within the scope of their employment,” and thereby put Petitioner in breach of his contract with T.D.C.23 If Petitioner’s choices are that he zealously represent Stone or breach his contract with T.D.C., the conflict is patent.
While the overwhelming majority of cases dealing with conflict of interest in the context of a criminal trial address fact situations in which an attorney has jointly represented multiple accused, we caution Respondent against discounting the reasoning of those decisions under the notion that the juxtaposition of the interests are different than those presented here. It should be remembered that our overriding concern must be the protection of Stone’s constitutional right to conflict free counsel.24
[597]*597The affirmative duty upon an attorney to advise the court of any conflict, actual or potential, extant in his representation of a defendant has been performed by Petitioner. See Holloway v. Arkansas, 435 U.S. 475, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978); Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942); Pete v. State, 533 S.W.2d 808 (Tex.Cr.App.1976); see also State Bar of Texas Rules and Code of Professional Responsibility (hereinafter C.P.R.) DR 5-105. And though it appears no duty devolves on the trial court to sua sponte inquire, Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), the authorities agree that great deference should be accorded the representations of an attorney that he feels a division of loyalty. In Holloway v. Arkansas, supra, 435 U.S. at 485-486, 98 S.Ct. at 1179-1180, the Supreme Court observed,
“... [SJince the decision in Glasser,25 most courts have held that an attorney’s request ... based on his representations as an officer of the court regarding a conflict of interests, should be granted. * * * In so holding, the courts have acknowledged and given effect to several interrelated considerations. An ‘attorney ... is in the best position professionally and ethically to determine when a conflict of interest exists or will probably develop in the course of a trial.’ * * * Second, defense attorneys have an obligation, upon discovering a conflict of interests, to advise the court at once of the problem. * * * Finally, attorneys are officers of the court, and ‘ “when they address the judge solemnly upon a matter before the court, their declarations are virtually made under oath.” ’ * * * We find these considerations persuasive.” [Citations, footnotes and emphasis deleted.]
In Holloway, supra, it was the State’s contention that such deference to representations of an attorney would allow “unscrupulous defense attorneys” to abuse the situation, presumably for purposes of delay or obstructing orderly proceedings. The Supreme Court, however, made it clear that a trial court is free to decide no conflict of interest exists where there is no factual support for the attorney’s claim and there is affirmative evidence of dilatory intent. Id. But clearly, an ab initio presumption by the trial court that counsel’s representations are motivated by bad faith is prohibited.
In complying with this opinion, Respondent is directed to enter new findings of fact which are relevant to the issue as circumscribed herein, based on all the evidence heretofore adduced and new conclusions of law supportive of any ruling to be made on Petitioner’s motion to withdraw; Respondent is further directed to forward such findings and conclusions by way of supplemental transcript to this Court.
Having determined that Petitioner is entitled to Respondent’s plenary consideration of the conflict of interest issue raised by his motion to withdraw from court appointed representation of Richard P. Stone, within the framework of his contract agreement with T.D.C.,26 and under the unique facts to be developed in the prosecutions pending against Stone, as well as in light of both our State Rules and Code of Professional Responsibility and the Sixth Amendment right to conflict free counsel,27 we hold it is ap-
[598]*598propriate to issue the writ of mandamus to that end. Cf. Wood v. Georgia, 450 U.S. 261, 101 S.Ct. 1097, 67 L.Ed.2d 220 (1981).
However, the writ will issue only in the event of a failure to comply with the directives contained herein, since we presume Respondent will act accordingly.
ROBERTS, ODOM and TOM G. DAVIS, JJ., concur in result.