Mary Schulkers v. Kathleen Lape

Summary

The Court held that a criminal defendant whose long-standing counsel is disqualified may obtain interlocutory review through a second-class writ of prohibition because a later appeal is not an adequate remedy and disqualification creates great and irreparable injury. It further held that the trial court improperly disqualified counsel based on the speculative possibility that counsel might testify about advocacy statements made during an early bond hearing. The Court reversed the denial of the writ and remanded for issuance of the writ barring enforcement of the disqualification order.