Facts (the following story is true. Names and titles have been altered to prevent political discomfort):<BR><BR>Prominent Local Official's kid gets a DWI. Kid is on felony deferred for another offense. We offer jail time. Defense lawyer strongly suggests we should recuse because of "professional association" with Prominent Local Official. Our professional interaction with Prominent Local Official is, at most, sporadic.<BR><BR>I don't find anything in the case, the Code of Criminal Procedure or the Disciplinary Rules of Professional Conduct that point to our disqualification. Thus, we are left to float free in the amorphous world of "good cause" under CCP art. 2.07. Should we recuse and ask for appointment of a pro tem?Yes.No.Resign and immediately begin my post-prosecutorial ambition to be Jimmy Buffett.

Don't see why you should recuse. There is no true conflict here. County and district attorneys are elected to handle cases, and will often handle cases against people they know. The public knows that, and I think trusts you and expects you to continue handling the case unless it is simply too close.

This sounds like a pretty run-of-the-mill thing here. Of course there are situations where there are past histories with folks where the public may want a different set of eyes on the case, but imagine the expense and delay if every prosecutors could not prosecute a relative of someone they knew!

My position has been exactly that. This isn't a case like others in which our office has recused where we regularly appear before the official in question or there's a relative of one of our employees charged or victimized. That this case appears to be exactly as you describe it -- "run of the mill" -- gave me some pause before even posting, but it does carry some political heat, and I thought it would be of some utility to see if folks with no dog in the fight agreed or disagreed with me. Particularly since I'm not the criminal law guru that many who post here are. Thanks.

I'm new to the elected prosecutor game, but it seems to me that recusing yourself with no special circumstances involved sets a bad tone. I think this is especially so because the defense attorney has "strongly suggested" that you recuse, which to me sounds like a veiled threat from the defendant's family. From a political (as well as an ethical) standpoint, it seems to me that you are better off standing your ground than setting a bad precedent of giving in to political pressure.

I may have this analyzed completely wrong, but that's my two cents' worth.

I have stepped aside in past cases when there might be a public perception problem. I have also served as special prosecutor in these same situations for prosecutors in adjacent counties. Examples: (1) a probation officer's husband gets arrested for DWI; very close case, perhaps not worthy of filing; (2) former DA secretary is victim of crime; (3) distant relative of assistant county attorney is accused of assault.

The public has a higher regard for the crimnal justice system when no one can contend that the "fix is in". I would encourage you to develop a reciprocal arrangement with prosecutors in your area to trade off these kinds of cases to avoid public perception problems that could arise.

The only problem with such a case is if the case is insufficient and has to be dismissed. Politically, there is the appearance of incestuous evil to the finger-pointers who are ready to accuse the prosecutor of protecting his or her political brethren...of course, without any knowledge of the facts of the case. Otherwise, there is no real reason to recuse.

In a small county (particularly one you grew up in, your parents and grand parents grew up in) this is a seemingly endless problem. I have taken each case on its own. I have had my office prosecute several cousins (one resulted in a 35 year TDC sentence from a jury), former class mates, etc. Family reunions can be a real hoot. I have stepped aside in cases involving elected officials I work directly with or their immediate family but stayed in cases where I don�t work regularly with the official. I am currently looking at a case where I placed a cousin on Deferred. He has since committed a new felony. I am probably going to ask someone else to handle the new case and the MTA. I look at each of these cases and make sure my personal feelings for the individual won't effect my decision. If I feel I may be swayed by the relationship in anyway, I'm out. Fortunately, because I'm an unfeeling heartless Scrooge, I usually stay in the case.