Jim Craig has discovered another oddity — a mild term for it — concerning Tom Levidiotis’s recent career path.
We know he recently hired on as a full-time Lafayette County Assistant District Attorney. Well, guess what: He’s also still listed as counsel of record for prisoners in habeas proceedings against the State of Mississippi. Talk aboutcher “out of both sides of your mouth.”
I don’t know Mississippi’s ethics rules on conflict-of-interest, so maybe this kind of thing passes muster there. But I really hope not.
Legally, he has six months to close out CIVIL cases.
Ethically, he’s in hot soup.
Wonder why Ben Creekmore hired this guy when there are plenty of more experienced people available.
Thanks, Sioux. That makes me feel a little better. “Just can’t be right,” methot.
don’t feel better; he’s caught in a blatant conflict of interest even though technically he’s doing nothing “illegal”. I believe I read that he’s actually filed pleadings in those habeas cases since he assumed the office of ADA. That’s a BIG problem. If he is just still the attorney of record, perhaps because there is no new attorney yet, maybe explain-able. But no, he’s prosecuting for the people of Mississippi by day and by night fighting the people of Mississippi on behalf of people duly convicted by the people of Mississippi.
No, I don’t feel a bit better about what he’s doing — just about my hopes for the ethics rules of the MS Bar.
Technically, an attorney joining a D.A.’s office is allowed up to six months to dispose of any civil matters pending- He may not, according to at least the Attorney General opinions, engage in any criminal defense. Since lawyers are advocates, we are quite capable of representing either side of an issue-
Since lawyers are advocates, we are quite capable of representing either side of an issue-
You betcha, but habeas is crim-def, not civil practice.
It’s possible that Mr. Levidiotis thinks that habeas is a civil matter (there is support for that proposition) and that the “wind down” period applies to this work. There are three responses, however:
1. Even if habeas is civil, it strikes me as a direct conflict of interest to prosecute criminal cases for the State and represent prisoners against their criminal convictions.
2. In all the cases I cited on my blog, there is at least one other attorney of record, so there is no immediate problem should the ADA move to withdraw. “Wind-down” time generally is meant to protect the interests of the client, not of the lawyer.
3. At least one of the cases cited on my blog is a brand-new appeal of a habeas case, with another attorney of record. So why not withdraw?
So why not withdraw?
Levidiotis: “Moi? I am one to whom normal standards do not apply.”
(Just a guess based on reportage.)
Lo: Habe is civil. If Levidiotis isn’t formally out of all his habe cases yet, I bet he will be muy pronto.
Habe is civil? How’s come my PD colleagues had to do ‘em?
It’s always been civil.
It’s a civil action, not a criminal prosecution. But that misses the point. The ADA can “wind down” his or her civil cases, but not if (1) its an actual conflict of interest or (2) another attorney can easily relieve the ADA and protect the client’s interest.
The “wind down” provision is an exception to the requirement that an ADA be a full time employee — not to the conflict of interest rule.