State Ex Rel Mitchell v. Hon. palmer/durand

Summary

The court reversed the order disqualifying the county attorney’s office and remanded for the trial court to apply the required disqualification factors and assess the defendant’s due process rights. The court held that no categorical rule requires disqualification when a crime victim is employed by the prosecuting office; the inquiry is fact-intensive and must account for both the defendant’s fair-trial rights and the victim’s constitutional rights. The court also directed prosecutorial offices to notify the trial court of such potential conflicts through an ex parte motion concerning disclosure of victim information.