Ellenwood, GA asked in Criminal Law and Probate for Georgia

Q: In the state of Georgia if my public defender was once a prosecutor against me. Is that grounds for conflict of interes.

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to disqualify the district attorney's office from prosecuting the case inasmuch as an assistant district attorney, who did not participate in the prosecution of the case directly or indirectly while in the public defender's office, had represented the co-defendant in negotiating his plea. Billings v. State, 212 Ga. App. 125, 129 (4), 441 S.E.2d 262 (1994). I hope this helps.

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