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Prosecutor's Relationship With Cop Gets Her Suspended
Thus, in this Opinion the Committee need not settle the apparent split of authority in Arizona over whether ER 1. Rather, the Committee concludes that irrespective of its application, a conflict under ER 1. With regard to the duty to maintain client confidences pursuant to ER 1. According to the facts presented to the Committee, the APD is in a job assignment where he or she would ordinarily share information about cases with co-workers.
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Inadvertent disclosure to a spouse or significant other where married lawyers are opposite one another in the same case was addressed in Ariz. It must be recognized that the relationship of husband and wife is so close that the possibility of an inadvertent breach of a confidence or the unavoidable receipt of information concerning the client by the spouse other than the one who represents the client for example, information contained in a telephoned message left for the lawyer at home is substantial.
The reasoning of Ariz.
In a romantic relationship, the possibility of inadvertent disclosure is likewise great. In some cases, to ensure client confidences are preserved, the Public Defender's Office may decide to take precautions to prevent the inadvertent disclosure of information to the Officer. Precautions may include "screening" off the APD in certain cases.
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We create no bright-line rule on whether such procedures are necessary in any given case, and instead believe that their application will likely vary depending on the situation. Whether Disclosure and Consent Are Required. Finally, with regard to whether the client must be advised of the dating relationship with the Officer in the absence of a direct conflict, which would always require disclosure , we are guided by prior Ariz.
State Bar of Arizona :: Ethics Opinion
We recently applied such reasoning in Ariz. The Committee concludes that disclosure is not mandatory where neither the Officer nor the APD is involved in the case.
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If the Officer and the APD are both involved in the case, the Committee concludes that disclosure is necessary. See discussion of 1. Other than the mandatory disclosure where the APD and Officer are both involved, the decision of whether to disclose should be determined on a case-by-case basis.
In Monday's motion, the Madison County District Attorney's Office said prosecutors asked on May 2 for evidence that the police department's incident review board gathered during its review of the shooting, as well as evidence from the Huntsville Police Department's Internal Affairs unit investigation. The Huntsville city attorney's office refused the request 6 days later, prosecutors said.
Police officers in court as man brings private prosecution
The filing argues the City of Huntsville has no authority to ignore a criminal subpoena. And, the filing argues, one of the cases cited has to do with self-incrimination of a police officer.
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