State v. Ehlers

Michael L. Ehlers appeals from an order of the Sarpy County District Court sustaining the State of Nebraska’s motion to disqualify Michael N. Schirber, his privately retained counsel. We determine that because a criminal defendant has a Sixth Amendment interest in representation by the counsel of his or her choice, irrebuttable presumptions that we have applied in favor of disqualification in civil cases cannot be applied in a criminal case. Instead, when making disqualification decisions in a criminal case involving privately retained counsel, a court must balance the defendant’s Sixth…