Legal Ethics

Appeals Court Says Dugard Kidnap Case Lawyer Didn't Disclose Confidential Info

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A California appeals court has rejected a trial judge’s reasons for disqualifying Gibert Maines as defense counsel for Nancy Garrido in a high-profile kidnapping case.

El Dorado County Superior Court Judge Douglas Phimister incorrectly concluded that Maines had loudly discussed his client’s case in a restaurant and revealed confidential information about her in a court hearing, ruled the Third District Court of Appeal in Sacramento. But the appeals court stopped short of ordering Maines reinstated, explaining that the judge has offered additional, undisclosed information about a potential conflict of interest, reports the San Francisco Chronicle.

It remanded the matter to Phimister and ordered him to determine, based on its ruling yesterday, to decide by Dec. 24 whether to renew the disqualification hearing against Maines.

Garrido, 54, has been accused along with her husband, parolee Phillip Garrido, 58, of kidnapping and raping Jaycee Dugard and holding her for 18 years in a large shack in the backyard of their California home. Now 29 years old, Dugard and her two daughters were reunited with her family this year.

She has said she wants Maines to continue representing her, the Chronicle notes.

Related earlier coverage:

ABAJournal.com: “Authorities Reel Over Parolees’ Stunning Alleged Crimes in 2 States”

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