On December 17, 1999, we granted interlocutory review to the State, which appealed from the trial court's denial of its motion to disqualify attorney Charles Reddick from the representation of criminal defendants -- including appellee Mark Allen Redd -- because Charles Reddick is a district attorney pro tempore. 1
The State claimed that the trial court's order conflicted with OCGA 15-18-10
(d) and 15-18-21
(a), as well as with ethical proscriptions against dual representation which result in a per se conflict of interest. Based on the State's position, the trial court's order would arguably have been void under the laws of this State because the court's order permitted Redd to be represented in a criminal matter by an attorney disqualified per se from the private practice of criminal law.
We affirmed the trial court, and the State filed for certiorari on the merits. On January 5, 2001, the Supreme Court of Georgia granted certiorari and, on the same day, executed an order as follows: "Because the State is not authorized to appeal a trial court's denial of a motion to disqualify an attorney under OCGA 5-7-1
, we remand the case to the Court of Appeals with direction to vacate its judgment and dismiss the appeal." 2
Accordingly, we vacate our opinion in State v. Redd, 243 Ga. App. 809 (534 SE2d 473) (2000)
, and dismiss the State's appeal.
Chief Judge of the Alapaha Judicial Circuit solely to investigate alleged wrongdoing on the part of the Alapaha District Attorney's Office.