Monday, February 3, 2014

Recused But Not Really

An Circuit Court admontion without terms has been imposed on the Commonwealth's Attorney for the City of Williamsburg and James City County.

A campaign supporter and contributor was arrested and charged with DUI, carrying a weapon while intoxicated and related offenses. He disqualified himself from the prosecution, which resulted in a conviction of open container and refusal to take a breath test.

The defendant noted an appeal.

The attorney was aware of the notice but failed to advise the special prosecutor who had tried the case. Rather, he arranged a proceeding with defense counsel that led to a deferred disposition of the charges.

The matter unravelled when the special prosecutor found the dispositions on the court's web site.

The admonition cites the violation as a concurrent conflict of interest. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/02/recused-but-not-really.html

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