Does any one know of a statute or a case that states that a current prosecutor can't defend someone in a case in another county? Before I began as an Asst. D.A. I represented someone in another county. The judge in the other county is balking at letting me off the case. Any help would be greatly appreciated.

Does Tex. Gov't Code sec. 46.005 help?

(a) A state prosecutor may not engage in the private practice of law but may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the prosecutor serves and that are pending in court before the prosecutor takes office.


(b) A state prosecutor may not accept a fee from an attorney to whom the prosecutor has referred a case.


(c) This section applies to a county prosecutor and any assistant of a prosecutor if, from all state and county funds received, the county prosecutor or assistant receives a salary that is equal to or more than 80 percent of the benchmark salary.

Also seems to violate CCP 2.08.

For whatever reason I couldn't find CCP 2.08 when I was looking. I must be going blind. The Judge finally let me off the case this morning. I appreciate your help.