State v. Honorable Chambers
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The Supreme Court held that a county attorney's prior representation of Defendant, who was charged with the crime of possession of methamphetamine for sale, did not create an appearance of impropriety in the current prosecution warranting disqualification of the entire county attorney's office.
While still in private practice, Attorney represented Defendant in a marriage annulment matter, and Attorney eventually obtained a default annulment. Attorney was subsequently elected county attorney. The county attorney's office later charged Defendant with a drug-related crime. Defendant moved to disqualify the county attorney's office based upon an appearance of impropriety. The trial court granted the motion. The Supreme Court vacated the order disqualifying the county attorney's office, holding that there was no appearance of impropriety in the current prosecution because there was no substantial relationship between the annulment matter and the current matter upon which to conclude that Defendant would be prejudiced by the county attorney's office's continued prosecution.
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