TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Is the former DA disqualified?
Go
New
Find
Notify
Tools
Reply
  
Is the former DA disqualified? Login/Join 
Member
posted
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?
 
Posts: 6 | Registered: October 16, 2014Reply With QuoteReport This Post
Member
posted Hide Post
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.
 
Posts: 193 | Location: Huntsville, TX | Registered: June 12, 2012Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Is the former DA disqualified?

© TDCAA, 2001. All Rights Reserved.