6.3.6 Joint Representation
Joint representation of criminal defendants presents the potential for serious conflicts of interest. Where the defendants are fully informed of such possible problems, however, the courts routinely allow such representation.101 The situation is far more problematic when the trial court attempts to require such representation. The Supreme Court has found that trial courts should defer to the good-faith judgment of defense counsel when conflict is noted in representing multiple defendants: an "attorney representing two defendants in a criminal matter 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."102
This duty and burden to object to potential conflicts of interest is on the defense attorney, not the court, but the trial judge must investigate timely objections to multiple representation based on a...
