Flanagan v. United States

Background

Four police officers who ran a street decoy squad were indicted on civil-rights charges, and they jointly retained one law firm. After some defendants sought severance, the Government asked the court to disqualify that firm for potential conflicts. The District Court disqualified the firm despite the defendants’ prior waiver, and the Court of Appeals allowed an immediate appeal and affirmed; the Supreme Court then agreed to review whether that appeal was properly taken.

Reasoning

The Court addressed whether a pretrial order disqualifying defense counsel in a criminal case can be appealed before trial under the usual rule that only final decisions are appealable. It explained that criminal cases require strict limits on piecemeal appeals to protect speedy trials and efficient court administration. The Court found that disqualification orders do not meet the narrow, three-part test for immediate appeals because they are not clearly separate from the issues at trial and can usually be reviewed effectively after final judgment. Expanding immediate appeals for disqualification would cause delays and undermine trial efficiency, so the Court reversed the appeals court for lack of jurisdiction.

Real world impact

The decision means criminal defendants and their lawyers generally cannot stop a prosecution midstream by appealing a disqualification order; challenges to such orders must wait until the case concludes and can be raised on posttrial review. The ruling does not resolve whether the disqualification was correct on the merits; it only says the appellate court should not hear that challenge before final judgment. On remand the pending appeal was to be dismissed.