What should a trial judge do if counsel makes a motion for the appointment of separate counsel due to a potential conflict of interest?

When a motion for the appointment of separate counsel is made due to a potential conflict of interest, the trial judge should conduct a hearing to assess the need for separate counsel. This approach is essential because it allows the judge to carefully evaluate the circumstances surrounding the alleged conflict. Conflicts of interest can compromise a defendant's right to a fair trial as well as affect the integrity of the legal representation.

By holding a hearing, the judge can listen to arguments from both counsel and assess whether the conflict is significant enough to warrant separate representation. This is a crucial step since conflicts of interest can vary in severity and implications, ranging from minor issues that can be managed to serious conflicts that could jeopardize the defendant's interests. The hearing ensures that all pertinent facts are considered before making a decision.

Heading into a judgment without such a hearing could lead to the infringement of a defendant’s rights if the conflict is substantial, or it may result in unnecessary delays in the court process if the conflict is minor. Therefore, conducting a hearing is a necessary judicial duty to ensure proper legal representation and protect the rights of the parties involved.