Q: Does a former AAG (now public defender) create constitutional liability practicing concurrently opposite prior client?
Is it unlawful (and unethical) for a current AAG to switch sides (concurrently), while continuing to practice in same exact jurisdiction/court room - opposite former colleages & client - now defending clientele he would have formerly prosecuted? Does this not present multiple constitutional questions/challenges as AAG's prior representation of Plaintiff now significantly limits/prohibits certain actions by him; of which remains a due process right by the defendant? Creating a conflict of interest by which a certain outcome may be achieved; but ultimately compromises judicial integrity and violates public trust? An AG/AAG is the first line of defense and is to be about justice, not winning; in defense of victims and for the protection of society. To remain concurrently opposite - does it not give rise to questions of prior loyalties, arbitrary decision-making and the possibilities of fixed outcomes? Which would result in potential or actual violation of constitutional and civil rights?
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