Duties of Public Defender; conflict of interest

5 V.I.C. § 3524 — under Public Defender.

5 V.I.C. § 3524

(a) When representing an indigent client in a criminal proceeding before the Superior Court, the Public Defender shall counsel and defend such client at every stage of the proceedings against him, and at any appeals or other remedies before or after conviction that he considers to be in the interest of justice.

(b) The Public Defender is permitted to withdraw from a case upon a finding by a court that a conflict of interest exists.

(c) To request withdrawal from a case due to a conflict of interest, the Public Defender shall file a motion describing with specificity the nature of the conflict of interest. If the Public Defender determines that ethical obligations prevent a public disclosure of the nature of the conflict of interest, the Public Defender shall cite any applicable legal authority for that determination, and that portion of the motion must be sealed. An order granting a motion to withdraw based on a sealed motion to withdraw may be appealed.

(d) Upon a court’s determination that a conflict of interest exists, the court shall appoint the Office of Conflict Counsel.

(e) For purposes of this section, the existence of a conflict of interest is governed by the Virgin Islands Rules of Professional Conduct.