@PrairieWind maybe you can answer- what would it take and what would the process be, were it decided AT having previously defended X’s mother was a conflict of interest, to bring in a different qualified public defender from another county/region? Would it be difficult? It wouldn’t seem like something that happens often (if it’s even allowed to?) but I’m really curious.
Attorneys may disagree and if so I hope they weigh in! But here is what I would do if I were the prosecutor.
I would contact Cara Kernodle and inquire as to the content of her conversations with AT. If those conversations create an actual conflict of interest, I would first bring the issue to AT's attention via meeting or phone call. If that didn't resolve the issue to my satisfaction, I would contact the state Public Defender and inform him.
The initial contact with Cara has probably taken place already, shortly after her interview went public. We don't know if any other steps have been taken by any party.
However, as someone has astutely pointed out, the Public Defense Commission is meeting today (right now, probably) and, as usual, there is an executive session to discuss pending litigation and a subsequent open agenda item for any action that ensues from the executive session. We may know today whether AT will be reassigned as BK's attorney. If she is removed from the case, the whole PD's office will probably be removed as well, and the state will have to appoint a qualified private attorney.
If AT does continue to represent BK and the DA believes she should not, he can file a motion to disqualify her. In order to protect the integrity of the prosecution access to the motion, supporting documentation, and any hearing will probably be restricted. But if the judge is persuaded to remove AT as counsel, she will probably say so in that confidential meeting. If BK consents, AT would then withdraw rather than be ordered off the case. If he does not consent, AT will stand her ground and force the court to remove her - creating an issue for BK to raise on appeal if he is convicted.
All MOO (not an attorney)