In re Colorado v. NozolinoAnnotate this Case
In an original proceeding, petitioner Bruce Nozolino sought to vacate a trial court's order that disqualified the Office of the State Public Defender as his counsel. The trial court made the disqualification after it found that a conflict existed and was not waivable. On appeal to the Supreme Court, petitioner argued the trial court abused its discretion in its disqualification order. "Contrary to the trial court's ruling, our analysis of the factors critical to the determination of whether Nozolino must be allowed to waive conflict-free representation convince[d] us that the balance weigh[ed] in favor of Nozolino's preference for continued representation by [the Office of the Public Defender]." Accordingly, the Supreme Court remanded the case for an advisement on record so that Nozolino could decide whether to waive conflict-free representation.