Experience
State of Arizona v. Marner
Counsel for amicus curiae in the Arizona Supreme Court in support of a criminal defendant who sought to disqualify the Tucson Section of the Arizona Attorney General’s Office due to an appearance of impropriety arising from the actual misconduct of a prosecutor. The Arizona Supreme Court unanimously agreed with amicus curiae’s position, holding that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on an appearance of impropriety. The court also held that, under the facts in this case, the trial court did not abuse its discretion in disqualifying the Tucson Section of the Arizona Attorney General’s Office because the prosecutor’s actual misconduct may have tainted the proceedings. __ Ariz. __, __ P.3d __, 2021 WL 2197962 (2021).