TDCAA Community
Motions to Recuse/Disqualify

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September 11, 2007, 14:38
Danny Smith
Motions to Recuse/Disqualify
Without getting into too much detail about the facts of our case here in Brazos County, has anyone dealt with an issue of a completely BS Motion to Recuse or Disqualify the entire DA's office?

Any help would be greatly appreciated.
September 11, 2007, 14:59
ELW
I don't know the details of the motion, but there is a section on prosecutor disqualification on the grounds of a conflict of interest in the TDCAA Ethics book, pp. 118-156. You may want to look particularly at pp 125-27, 137-38, 144, 146-55.
September 11, 2007, 15:03
JB
An excellent book that should be on the shelves of all DA offices. Recently updated, too.
September 11, 2007, 15:22
suzannewest
Distinguish Gonzalezfrom the CCA, 117 SW3d 831.

Maybe use Ex. Rel. Hilbig, from 4th COA, 877 SW2d 469; Ex Rel Edisonfrom CCA, 793 SW2d 1; Ex Rel Hillfrom CCA 887 SW2d 921; Gonzalez v. Texas from 13th COA, 115 SW3d 278; In re Reed from 4th COA, 137 SW3d 676; Ex Parte Spainfrom CCA, 589 SW2d 132.