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COMMONWEALTH'S MOTION TO APPOINT COUNSEL

Nos. 13-3853, 13-3854, 13-3855, 13-4070, 13-4269, 13-4325.

790 F.3d 457 (2015)

In re COMMONWEALTH'S MOTION TO APPOINT COUNSEL AGAINST OR DIRECTED TO DEFENDER ASSOCIATION OF PHILADELPHIA. The Defender Association of Philadelphia, Appellant in No. 13-3853. In re Proceedings Before the Court of Common Pleas of Monroe County, Pa. to Determine Propriety of State Court Representation by Defender Association of Philadelphia. The Defender Association of Philadelphia, Appellant in No. 13-3854. In re Commonwealth's Request for Relief Against or Directed to Defender Association of Philadelphia. The Defender Association of Philadelphia, Appellant in No. 13-3855. In re Proceeding Before The Court of Common Pleas Of Philadelphia To Determine The Propriety of The Defender Association of Philadelphia's Representation of William Johnson In Commonwealth of Pennsylvania v. Johnson. Commonwealth of Pennsylvania, Appellant in No. 13-4070. In re Commonwealth of Pennsylvania's Rule to Show Cause Filed in Commonwealth of Pennsylvania v. William Housman. The Defender Association of Philadelphia, Appellant in 13-4269. In re Commonwealth's Motion to Appoint New Counsel Against or Directed to Defender Association of Philadelphia. Commonwealth of Pennsylvania, Appellant in No. 13-4325.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 12, 2015.

Amended June 16, 2015.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Esq. , [Argued], Thomas W. Dolgenos, Esq. , Philadelphia County Office of District Attorney, Philadelphia, PA, Jaime M. Keating, Esq. , Cumberland County District Attorney's Office, Carlisle, PA, Christopher J. Schmidt , Pennsylvania Office of Attorney General, Harrisburg, PA, for Commonwealth of Pennsylvania.

Patrick J. Carome, Esq. , Joshua M. Salzman, Esq. , Paul R.Q. Wolfson, Esq. , [Argued], Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, David Richman, Esq. , Pepper Hamilton LLP, Philadelphia, PA, for Defender Association of Philadelphia.

Lawrence S. Lustberg, Esq. , Benjamin Z. Yaster, Esq. , Gibbons P.C., Newark, NJ, for Amici-Appellees National Association of Criminal Defense Lawyers, Pennsylvania Association of Criminal Defense Lawyers.

Before: McKEE, Chief Judge, FUENTES, GREENAWAY, JR., Circuit Judges.

OPINION

This case involves a concerted effort by the Commonwealth of Pennsylvania and various Pennsylvania counties to bar attorneys from the Capital Habeas Unit of the Federal Community Defender Organization for the Eastern District of Pennsylvania ("Federal Community Defender") from representing clients in state...

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