Harris v. Superior Court of Alameda County

In Harris v. Superior Court of Alameda County (1977) 19 Cal.3d 786, defendants, members of the so-called Symbionese Liberation Army (SLA), were charged with aggravated kidnapping, robbery, assault with a deadly weapon and false imprisonment. (Harris, supra, 19 Cal.3d at p. 789.) After the public defender declared a conflict, defendants sought appointment of two private attorneys who had previously represented them in related criminal proceedings concerning their alleged activities as members of the SLA. These attorneys shared certain "political and social perceptions" with defendants, and defendants had come to regard them as "true champions of their cause." (Id. at p. 793.) The motion was denied, and the court appointed two alternate private attorneys, who thereafter joined in defendants' request that prior counsel be appointed. The trial court denied the request. (Id. at pp. 789-790, 793.) The Supreme Court concluded that the trial court abused its discretion in not appointing prior counsel. Specifically, the trial court failed to consider objective factors, such as the fact that the prior representation "not only established a close working relationship between defendants and the subject attorneys but also served to provide those attorneys with an extensive background in various factual and legal matters which may well become relevant in the instant proceeding." (Id. at p. 798.)