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Rule RCr 8.30 – Separate counsel for defendants; when required

May 13, 2021 | Criminal Procedure, Kentucky

(1) If the crime of which the defendant is charged is punishable by a fine of more than $500, or by confinement, no attorney shall be permitted at any stage of the proceedings to act as counsel for the defendant while at the same time engaged as counsel for another person or persons accused of the same offense or of offenses arising out of the same incident or series of related incidents unless (a) the judge of the court in which the proceeding is being held explains to the defendant or defendants the possibility of a conflict of interests on the part of the attorney in that what may be or seem to be in the best interests of one client may not be in the best interests of another, and (b) each defendant in the proceeding executes and causes to be entered in the record a statement that the possibility of a conflict of interests on the part of the attorney has been explained to the defendant by the court and that the defendant nevertheless desires to be represented by the same attorney.
(2) The procedure set forth in paragraph (1) of this Rule 8.30 shall be followed in each court in which the defendant requires the assistance of counsel, excepting the Court of Appeals and Supreme Court.
(3) Upon receipt of any information reasonably suggesting that what is best for one client may not be best for another, counsel shall explain its significance to the defendant and disclose it to the court, and shall withdraw as counsel for one client or the other unless (a) each such client who is a defendant in the proceeding executes a written waiver setting forth the circumstances and reiterating the client’s desire for continued representation by the same counsel and (b) such waiver is entered in the record of the proceeding.

[SPECIMEN FORM]

FRANKLIN CIRCUIT COURT No. _______

COMMONWEALTH OF KENTUCKY

PLAINTIFF

WAIVER OF DUAL

vs. OR MULTIPLE

REPRESENTATION

[ RCr 8.30(1) ]

TOM THOMS AND DAN DRUMMER

DEFENDANTS

The undersigned, Torn Thorns, a defendant before this court charged with the offense of theft (KRS 514.030), acknowledges that the court has explained to him and that he understands the possibility of a conflict of interests on the part of his attorney, Hon. Uriah Micawber, in that what may be or seem to be to the best interests of this defendant may not be to the best interests of his codefendant, Dan Drummer, or of Wilkins Primrose, who is not a defendant in this proceeding but is known to be under police investigation as a possible receiver of stolen goods from this defendant, both Drummer and Primrose being also represented by Mr. Micawber. With that understanding, the undersigned nevertheless desires that Mr. Micawber represent him in this proceeding and has no objection to his continuing to act as counsel for the other persons mentioned in this waiver as being involved in a possible conflict of interests.

Signed in open Court this ____ day of _______________, 1978.

________________________

Tom Thoms

Adopted eff. 1-1-78.

Ky. R. Crim. P. RCr 8.30

Amended by Order 98-3, eff. 3-1-99; prior amendment eff. 1-1-78; adopted eff. 1-1-78