Chattanooga: Williams no longer represents Franklin

Saturday, May 31, 2008


By:
Monica Mercer (Contact)

Chattanooga attorney and former judge Walter Williams no longer will represent Councilman John “Duke” Franklin Jr. in his federal criminal case.

It is unclear, however, whether the decision has to do with Mr. Williams’ possible bid to fill Mr. Franklin’s seat temporarily on the City Council. Mr. Franklin resigned from the council effective Tuesday.

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According to the federal court clerk’s office, during Mr. Franklin’s arraignment May 27, an “attorney update” was filed, noting in the electronic file that “Walter Williams is terminated.”

Marty Levitt and Houston-based attorney Cornel Williams are now the attorneys of record for Mr. Franklin. Walter Williams and Cornel Williams are not related.

Walter Williams announced his interest in the City Council position Thursday, saying he would do it “as a service to the community” and to “try to keep some continuity flowing on the council.”

As attorney for the John P. Franklin Funeral Home, which Mr. Franklin helps run, as well as attorney to the Franklin family on personal matters, Mr. Williams said his connections to the councilman “wouldn’t have any effect at all” on the council’s appointment decision should he submit his name.

Mr. Williams’ withdrawal from Mr. Franklin’s criminal case does not necessarily signal the acknowledgment of a conflict of interest with regard to the City Council issue, according to Mr. Levitt. It’s probably more a matter of qualifications, he said.

“I don’t think that he (Mr. Williams) practices federal criminal law,” Mr. Levitt said. “That’s not his area of expertise.”

Attempts to reach Mr. Williams for comment Friday were unsuccessful.

Mr. Levitt said he did not think a conflict of interest would arise even if Mr. Williams continued representing the councilman.

“You owe your client the duty of loyalty,” Mr. Levitt said. “But if (Mr. Franklin) were to waive that conflict of interest, it would be OK for (Mr. Williams) to run for council.”

Mr. Williams made a “limited appearance” for Mr. Franklin in U.S. District Court on May 14, the day he was arrested along with 41 others in connection with a federal drug investigation.

Mr. Franklin pleaded not guilty to charges of money laundering, conspiring to obstruct justice and providing false statements to federal officials in connection. The charges stem from accusations that he helped falsify a loan document to cover up money that was to be used to buy cocaine, a federal indictment said.

His trial is set for Aug. 5, during which eight other co-defendants listed on the indictment will be tried as well.

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