Convicted Tribal Official Loses Bid To Disqualify Lawyer In Habeas Case

Mealey's (June 20, 2017, 1:47 PM EDT) -- TOPEKA, Kan. — An attorney who was the special prosecutor in a tribal court case in which a former tribal officer was convicted of misuse of funds can represent the tribe in the former officer’s bid for habeas relief because the attorney’s potential testimony as a witness in the habeas proceeding is either not material or obtainable from other sources, a Kansas federal magistrate judge held June 16 (Bobbi Darnell v. John Merchant, et al., No. 17-cv-3063, D. Kan., 2017 U.S. Dist. LEXIS 92655)....