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Private attorney got elected as da to take office in jan he has represented defendant on other case is currently represented

Powder Springs, GA |

Co defendants in current case when he gets in office and conflict motion is file can da use Chinese wall instead of conflict out of this case

Attorney Answers 4

  1. A special prosecutor, probably an assistant DA from a nearby county, will be appointed and will prosecute all defendants in the entire case. No "chinese wall."

  2. I believe that the entire office should be recused. There is an excellent argument that a Chinese Wall would be insufficient in this case because he is the elected official and head of the office. If the DA does recuse the entire office, a special prosecutor will be brought in from another county. I assume you would like the DA off the case based on your question but, if I am wrong and you want the DA office to handle the case, then no motion needs to be made. Hope this helps.

  3. DA can not be involved in case if I understand the situation correctly.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033

  4. Assuming the DA doesn't make the motion himself, it's pretty obvious either of the defendants, if they have counsel, will move to disqualify the DA, and a special prosecutor will be appointed.

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