Former Gov. Roy Barnes faces a potential conflict of interest by acting as indicted Rep. Tyrone Brooks’ lawyer, the government argued in court papers filed late last week.
Barnes has represented Brooks for free since the Atlanta Democrat was indicted by a federal grand jury last month. But in response to Barnes' motion that the court appoint a second attorney to help with the defense, the U.S. Attorney's office notes that as recently as 2012 the Georgia Association of Black Elected Officials listed Barnes as one of two general counsels on its letterhead.
GABEO is one of two charities that Brooks is accused of defrauding of hundreds of thousands of dollars in contributions.
The U.S. Attorney’s Office argues that Brooks is not entitled to a taxpayer-funded attorney and said the court should consider whether Barnes’ conflict prevents him from serving as Brooks’ attorney.
“Governor Barnes finds himself representing both Brooks, who is the current president of GABEO, and GABEO, a victim, in the same case,” prosecutors wrote.
“At a minimum,” the government said, “Brooks and GABEO must waive this conflict on the record.”
Barnes on Monday told The Atlanta Journal-Constitution that he never did any work for GABEO and is an honorary counsel only.
Barnes also said he expects GABEO’s board to sign a waiver allowing him to represent Brooks.
“I don’t see a conflict here,” he said. “I expect it to be worked out.”
The judge in the case has yet to rule on Barnes’ motion.
Prosecutors also noted that Brooks has paid Barnes in the past. In April 2012, prosecutors said, Brooks wrote Barnes a personal check for $5,000 for "legal services." Some of that money, the government said, can be traced to Universal Humanities donations." Universal Humanities is the second charity Brooks is accused of defrauding.
Barnes previously said Brooks broke no laws but has had questionable accounting practices. Barnes said Brooks didn’t collect a paycheck from the charities, but was reimbursed for expenses.
The former governor said he has not handled a federal criminal trial in decades and notes that he has two major civil cases going to trial in the next six months.
The Criminal Justice Act, which allows the appointment of government-financed lawyers for indigent defendants, allows for additional counsel to be appointed for Brooks' defense, Barnes said. Brooks has no publicly known source of income outside his $17,000 annual legislative salary.
But the government argued Brooks does not qualify for help under the CJA because Barnes is more than capable of defending Brooks.
Barnes, however, told the AJC a federal magistrate found Brooks eligible for appointed counsel. That should allow for a federal defender to be brought in to help with the case, he said.
“I’m not saying I can’t do it,” he said. “I just need help.”
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