President Judge Mark Ciavarella and The Luzerne County Public Defenders needed a WAIVER from Harlow Cuadra before the Luzerne County Public Defender’s Office could have been assigned as Harlow Cuadra’s Counsel. see “Harlow Cuadra Right To Conflict Free Representation” CLICK HERE . see also “Public Defender Needed Waiver From Harlow Cuadra” CLICK HERE .

The legal argument presented by attorney Bill Ruzzo in support of his motion and the Luzerne County DA’s motion to disqualify the Luzerne County Public Defender as counsel for Harlow Cuadra is exactly the same legal citation we cited from Judge Kaplan in the infamous KPMG Criminal Tax Case. Specifically, Al Flora, Jr is STILL the attorney for Bryan Kocis “because, an attorney has a continuing obligation to be loyal to his client”.

[from US Attorney KPMG Tax Case. “A lawyer cannot attack his former client through cross-examination or argument to the jury” because of his or her “duty of continuing loyalty” to that former client, prosecutors said WSJ

from Bill Ruzzo for Harlow Cuadra. Olszewski heard arguments about whether the Luzerne County public defender’s office should continue to represent Cuadra. First Assistant Public Defender Al Flora Jr. represented Kocis on a previous matter in 2001 and also represents his family in estate matters. Cuadra’s attorney Bill Ruzzo said Flora’s expected testimony could force him to challenge the credibility of his boss. Citizens Voice

State Needed A Waiver from Harlow Cuadra BEFORE assigining Luzerne County Public Defenders to Cuadra

The really interesting part about the order of Judge Kaplan cited by attorney Bill Ruzzo is what attorney Billi Ruzzo LEFT OUT. Specifically, while attorney Bill Ruzzo DID quote Judge Kaplan’s and the US Attorney’s legal argument that an attorney has a “continuing obligation of loyalty to a former client”, Judge Kaplan also ruled that Defendant had to waive his right to conflict free counsel. Judge Kaplan disqualified an attorney with a conflict saying specifically that becuase the Defendant had not waived his right to conflict free counsel the court had no choice but to disqualify the attorney with the conflict.

What this means, based on legal arguments from a Federal Judge and the United States Attorney, what this means is that President Judge Mark Ciavarella violated Harlow Cuadra’s constitutional right to counsel when President Judge Ciavarella did not get a waiver from Harlow Cuadra before assigning The Luzerne County Public Defender’s Office and Bryan Kocis’ lawyer Al Flora, Jr to represent Harlow Cuadra. GAME OVER! MERRY CHRISTMAS HARLOW CUADRA!

Judge Kaplan delayed the trial of three former KPMGers and a one-time Sidley Austin lawyer today after disqualifying a defense lawyer in the case. In an order Thursday, Judge Kaplan DQed Steven Bauer, lead counsel for ex-KPMG senior tax manager John Larson, after several closed hearings on potential conflicts of interest. Opening statements were scheduled to begin Tuesday. (Click here and here for Law Blog Background on the much-diminished case.)

“Mr. Larson declined to waive his right to conflict-free representation,” the judge said. “The court therefore has no choice but to disqualify Mr. Bauer as trial counsel for Mr. Larson.” The judge didn’t rule on whether Bauer’s law firm, Latham & Watkins, also should be disqualified “unless and until Mr. Larson seeks to be represented at trial by someone else at that firm.” WSJ Law Blog