Omar Khadr’s military-appointed lawyer is investigating whether he has an obligation to defend the Canadian Guantanamo detainee.
The Globe and Mail reported today that Lieutenant-Colonel Jon Jackson asked the judge for time to consult with the Arkansas Bar Association about his responsibilities to his client. Khadr has stated unequivocally that he is boycotting the tribunal and does not wish to be represented by Jackson, but the judge, Colonel Patrick Parrish, said that Khadr must retain his last remaining lawyer if he chooses to neither attend the proceedings nor represent himself.
The Globe story quotes Jennifer Turner, an ALCU spokesperson, as saying that Jackson could be disbarred if he “zealously defends his client against [Khadr’s] wishes.” But the Arkansas Bar Association’s Rules of Professional Conduct contain passages which indicate that this is not the case.
Section 1.16, paragraph (c), reads:
A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
Later in the same section, in a comment under the heading “Discharge,” the following appears:
Whether a client can discharge appointed counsel may depend on applicable law. A client seeking to do so should be given a full explanation of the consequences. These consequences may include a decision by the appointing authority that appointment of successor counsel is unjustified, thus requiring self-representation by the client.
The unprecedented nature of Khadr’s pending trial makes it too early to speculate on the outcome of his recent decisions concerning his legal representation. But as far as Jackson’s concerned, it appears that his local bar association would recognize that continuing to represent Khadr after being dismissed is part of his professional obligations.