There is recent precedent for the Court to referee among lawyers claiming
to represent the same party. Almost exactly a year ago, the Court
ruled in favor of public defenders who had been representing the
respondents in U.S. v. Drayton, a Fourth Amendment case. A private
practitioner contacted the defendants directly and moved for to be
substituted as counsel, attaching retainer agreements signed by the
defendants. The Court denied the motion; see
http://a257.g.akamaitech.net/7/257/2422/04mar20021030/www.supremecourtus.gov/orders/courtorders/030402pzor.pdf.
Obviously, the issue of state constitutional law presented in the Georgia
case is of an entirely different magnitude. Unless the Court thinks
it's necessary to resolve the case before the end of the Term so that
election officials and candidates can prepare for the 2004 elections, I
can't imagine the Justices won't wait for the Georgia courts to sort this
out before going forward with oral argument and decision.
J. J. Gass
Associate Counsel, Democracy Program
212-998-6281
jj.gass@nyu.edu
Brennan Center for Justice at NYU School of Law
161 Avenue of the Americas, 12th Floor
phone 212-998-6730
fax 212-995-4550
www.brennancenter.org