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SMITH v. LEWIS

No. CV-87-0186-CQ.

157 Ariz. 510 (1988)

759 P.2d 1314

Robert Douglas SMITH, Petitioner, v. Samuel A. LEWIS, et al., Respondents.

Supreme Court of Arizona, En Banc.

July 28, 1988.

Attorney(s) appearing for the Case

Harold L. Higgins, Jr., Pima County Public Defender by John F. Palumbo, Michael S. Mussman, interim Public Defender and Dardis & Hippert, P.C. by Frederic J. Dardis, former Public Defender, Tucson, for petitioner.

Robert K. Corbin, by William J. Schafer III, Crane McClennen, Barbara A. Jarrett, Phoenix, for respondents.

Lewis and Roca by John P. Frank, Jose A. Cardenas, Sylvia Karen Bamberger, Phoenix, for amicus curiae American Civil Liberties Union.

Harrison & Lerch by Stephen M. Dichter, Phoenix, for amicus curiae Arizona Attys. for Criminal Justice.

FELDMAN, Vice Chief Justice.

The Hon. Richard M. Bilby, Chief Judge of the United States District Court for the District of Arizona, has certified the following question to this court:

Whether attorneys employed in county public defenders' offices may appear in federal court to represent death row inmates on Petitions for Writ of Habeas Corpus when their organizations will be paid by the federal government under the Criminal Justice Act?

This court...

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