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PD's office asks state's top court to tell judge not to transfer cases to private counsel

A Mississippi judge and the local public defender’s office are battling to determine whether the jurist should be recused or an assistant PD will have to step aside in a relationship that has clearly become contentious.

Contending that Alison Kelly has acted unprofessionally, Hinds County Circuit Judge Jeff Weill said he would not allow her to handle cases in his courtroom. The judge also said he would appoint private counsel for defendants if the public defender’s office did not provide substitute counsel, reports the Clarion-Ledger.

That led public defender Michele Harris to file a state supreme court petition last week. It seeks a stay to prevent Weill from transferring cases to other defense lawyers and asks that he be recused from all cases handled by Kelly.

Harris said in court papers that Weill didn’t discuss any specific claimed conduct by Kelly and argued that the judge is acting illegally by transferring cases without a finding of good cause, a conflict or a waiver by the defendant of the right to counsel.

The newspaper couldn’t reach the judge for comment on Monday.