In re Smiley

Fuchsberg, J. (dissenting).

Though I agree generally with the result urged by my fellow dissenting Judges, I would offer certain specific suggestions that I think the courts should take into account in assigning counsel in these cases.

One of the appellants is an indigent plaintiff wife in a divorce case, the other an indigent defendant wife in a similar action. They were originally represented by Cornell Legal Aid, but in each action a motion was made before Special Term of the Supreme Court to permit Legal Aid to withdraw as counsel, because of a conflict of interest, to allow appellants to…