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Prosecutor as a Witness???

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2267094416

March 16, 2015, 08:42
Lauren H
Prosecutor as a Witness???
I am currently prosecuting Joe Defendant on 5 felony charges. It is a cluster...fart. Joe Defendant has sued his former defense attorney in JP court. Former defense attorney wants to call me as a witness on his behalf to "prove" that he earned his attorney's fees. Prosecution of Joe Defendant is still pending. I do not feel comfortable testifying as a witness in the civil suit - my question is, if I am served and testify, will that preclude me (and possibly my office) from prosecuting Joe Defendant? Former defense attorney informed me this morning that I am needed tomorrow. Great.
March 16, 2015, 09:14
Martin Peterson
While not directly applicable, because you are not the attorney of record in the fee dispute case, 208 S.W.3d at 76 may provide a starting point. Of course, you also have no personal knowledge of what the attorney did in many respects.