Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00244-JJF Document 26 Filed O9/28/2007 Page1 of4
Henry R. Taylor, Jr.
S{B.I. # 00159464
Delaware Correctional
Cggger 1181 Paddock Rd.
Marc P. Niedzielski 5 § 5 g
Deputy Attorney General SEP 28
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1 1111. 19801 ° _..,,........y...a.. 8
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RE: Civil A. N0. 07- 244- JJF
Dear Counsel:
Based on disciplinary rules I am Of the opinion there exist a conflict
of interest that puts me at an unfair disadvantage by you being counsel
for the parties involed in the above noted suit. I am writing to see if
youwwill¤agree.Then if you do agree to see if you will take appropriate
action in resolving the matter. this has to do with how you as a
employee of the Department of justice appear to have a personal interest
in the outcome of the overall proceedings. This appearance of an Z*··
impropriety is certainly a complicated if not complex issue when you
consider the defendants are public officers like yourself in someiway'
all—connected to the Attorney Generalhs office to say the least.
Plus, Supreme Court Rule 68 (f) on conflict of interest states:
Whenever the Department of Justice certifies to the appointing court
that a conflict of interest exist, or may exist because of the appoint—
ment of a Dept. of Justice attorney, as a result of any statute or Y`
disciplinary rule under the Delaware Lawyers' Rules of Professional x `
conduct, the court may appoint an attorney from the private.baf iiathe
court is satisfied that such conflict may exist.TMore to the point,
Supreme Court Rule 68 (b) (2) on Federal proceedings states: When
a public officer or employee is a defendant in an action brought in the
District of Delaware, the petitioner may petition that court for the
appointment of counsel. That court may then refer said petition to the
president judge of the superior Court for appropriate action in accord
with applicable state law.

Case 1:07-cv-00244-JJF Document 26 Filed O9/28/2007 Page 2 of 4
Specifically, I am refering to Delaware Lawyers' Rules of professional
Conduct Rules 1.10,1.11, 1.7., 1.13, as well as Title 29 Sec. 2509
which states on conflict of interest: No member of the Departmentof
justice shall act as attorney or counsel in any controversy in which
the state, a county or a municipality has an interest except in the
members official capacity.
I f you were to read under the comments of these Rules as well you will
find the point I am trying to make. " ·
Once you have read over these rules if you agree this is the appearance.
of an impropriety I would appreciate you taking the appropriate action
necessary to resolve this matter.
Sincerely, .
H.R.T.

Case 1 :07-cv-00244-JJF Document 26 Filed O9/28/2007 Page 3 of 4
Certificate of Service
l, HEEL); B Iagi] QI I; ,hereby certify thatl have served a true _
And correct cop(ies) of the attached: tettet ef eetltltet et ietereet
- upon the foilowing
partieslperson (s): A _ _ _
TO: BEE!] Bjdl QD n TO: H 3 gg S`;;j Cy; gmmg; gg] EIR "
Deteeeee etteeeev Geeeeet 8&4}king Street wttm, DE. 19802
De artment of Justice A
. 820 N. French S1; Wilm, DE. 19802 .
TO;D@l&W&IE State Bar Assn. A TO; President Judge
301 N. Market Street
_ Superior Court . .
wilm’ DE 19801 - James Vaugn Judge .
- _ _ 3746 l A A
BY PLACING SAME IN A SEALED ENVELOPE, and depositing same in the United
States Mail at the Delaware Correctional Center, Smyrna, DE 19977. ‘
On this 17th A day of September ,200i
65% 82. i;—>O@§>.—»ez.

Case1:O7-cv-00244-JJF Document 26 Filed O9/28/2007 Page40f4
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