(specially concurring):
Although I agree with the result reached, I do not agree with the rationale of the majority opinion.
At the onset, I believe that the public defender was totally correct and justified in seeking to be relieved of his representation of Rodriguez. The occurrences in the public defender’s office during the simultaneous representation of Rodriguez and Silva created a clear conflict of interest — not just an appearance of impropriety.
The relationship of the public defender’s office in the representation of indigent defendants should be no different than the representation of any client by a private law firm. Apparently this principle is not accepted in California, at least as I read People v. Pineda, 106 Cal.Rptr. 743, 30 Cal. App.3d 860 (1973). In my judgment, the correct position is that stated by the Colorado Supreme Court in Allen v. District Court In and For Tenth Jud. Dist., 184 Colo. 202, 519 P.2d 351 (1974). The Colorado Supreme Court stated that “the knowledge, or position gained by any member of the staff (public defender) would be attributed to the other. DR 5-105(D).” Thus, in Allen the public defender’s office was found to have a conflict of interest between two defendants, one of whom was to be a witness against the other. This conflict was found even though the crimes charged against the defendants were in no way related to each other. The fact, however, that a lawyer must interview his client to determine all relevant facts presents the conflict, if the information gained by one deputy (partner) is imputed to the members of the staff (other partners). But cf.: Watson v. District Court In and For Fourth Jud. Dist., Colo., 604 P.2d 1165 (1980).
It is my view that the principle set forth in Allen, supra, is not only legally correct and sound, but it is vital to the justice system. Allowing lawyers to pick and choose between clients is a pernicious concept. I had thought that the ethics of the profession and common sense had caused such a concept to be rejected as totally incompatible with the role of an attorney.
The cardinal point in this case is the fact that both defendants, Silva and Rodriguez, were clients of the public defender’s office at the same time. We are not dealing with a former client situation. The relationship of the public defender with Silva was the same fiduciary relationship which the members of the office had with Rodriguez. They were both clients of the office and each entitled to the undivided allegiance and loyalty of their attorneys. As events occurred, the interests of Rodriguez and *75Silva were brought into a direct conflict which placed the public defender’s office in an irreconcilable conflict with the interests of Silva.
The public defender’s office had no choice but to withdraw from both cases. See Cinema 5, Ltd. v. Cinerama, Inc., 528 F.2d 1384 (2d Cir. 1976); Bicas v. Superior Court In and For Pima Cty., 116 Ariz. 69, 567 P.2d 1198 (App.1977). The trial court should have allowed the public defender’s office to withdraw, and I, therefore, concur in the result reached in this case.