Magee v. Superior Court

[951]

Opinion

THE COURT.

Petitioner Magee, charged with murder and other serious offenses, is presently defendant in a criminal proceeding now in progress before respondent court entitled People v. Ruchell Magee, superior court No. 83668. He, his court-appointed attorney of record Robert D. Carrow, and Ramsey Clark, seek a writ of mandate commanding respondent court to permit the association of Mr. Clark to assist in the defense of petitioner Magee in said criminal proceeding. Pending final determination of this matter we have stayed all proceedings below. Petitioners, respondent court, and the People as real party in interest, have all stipulated (a) that issuance by this court of an alternative writ or an order to show cause is waived, and (b) that oral argument is waived and the matter may be determined on the basis of the documents which have been heretofore filed.

Petitioner Ramsey Clark, a former Attorney General of the United States, is licensed to practice law in the states of New York and Texas and the District of Columbia. He is not a member of the State Bar of California and, therefore, is not licensed to practice in this state. On February 14, 1973, Magee and his attorney of record, Mr. Carrow, filed in open court a notice of association of attorneys together with an acceptance of association by Mr. Clark which stated his “understanding that [said association] is without compensation by the City and County of San Francisco or the State of California.” On or about the same date they filed a document entitled “Declaration re: Familiarity of Associated Counsel with Pending Cause,” wherein Mr. Carrow set forth facts relative to Mr. Clark’s present readiness to proceed. However, respondent court refused to accept and purported to “deny” said association, taking the position then and in subsequent proceedings that no new co-counsel would be “appointed” unless the court personally knew such counsel and his qualifications and had confidence in him.

We have concluded (1) that respondent court has utilized improper standards in passing upon petitioners’ attempted association of attorneys, and (2) that the circumstances of this case justify the correction of this error during the progress of the trial by means of the issuance of an extraordinary writ.