February 22, 2017, 11:19rlipo
Is the former DA disqualified?
Have a situation where the former DA who left office on December 31, 2016, has been retained to represent a defendant that was indicted during the former DA's tenure. Is he precluded from representing the defendant/would be client he indicted?
February 22, 2017, 11:52Jon English
My opinion is that CCP 2.08 makes this a no-no, and that Rule 110 totally makes it a no-no, and Rule 106 most likely also makes it a no-no.
Just a quick Westlaw search didn't turn up much in the way of modern opinions on this, although there's some old AG opinions and case law that back it up.
I haven't found any opinions to the contrary on any of the discussions on this board either. I think the language of CCP 2.08, Rule 110, and Rule 106 are pretty airtight.