Mason has been charged with the distribution of a controlled…
Mason has been charged with the distribution of a controlled substance. He has been represented by John Low as his counsel in the case. However, after the trial begins Mason notifies the court that he seeks to have John Low replaced with another lawyer, Paul Smith, to represent him in the case. Paul Smith is an out of state lawyer who must seek permission to represent Mason pro hac vice. In the process of examining Paul Smith for admission to the state to handle the case, it is discovered that Paul Smith is the brother of the attorney assigned by the district attorney’s office to prosecute the case. The trial judge denied Mason’s request to be represented by Paul Smith. If an appellate court were to examine the denial of Mason’s request for a different lawyer, how is it likely to rule?