Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?
The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.
They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife being the one to conduct the 504 plan evaluation for my daughter. I requested the presence of a family advocate at the evaluation meeting, to which she took detailed notes of and commented to both my husband & myself that it was obvious from the start that there was no intention in evaluating the need for a 504 plan. The only intention was to aid her husband in his conviction.
What can I do as a parent for the mistreatment of my daughter?
& What can I do as a convicted defendant in regards to the DA's conflict of interest never being addressed, and that despite my request, my public defender refused to bring important info to aid in my defense to the courts knowledge, resulting in my conviction?
A:
Based on the information you've provided, there are a few potential legal issues at play:
1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the DA's wife was your daughter's principal and was involved in the 504 plan evaluation process could potentially constitute a conflict of interest, especially if she disregarded professional recommendations in order to aid in your prosecution.
2. Ineffective assistance of counsel: If your public defender refused to present important exculpatory evidence on your behalf despite your requests, that could amount to a violation of your 6th Amendment right to effective assistance of counsel. Attorneys have an ethical duty to zealously advocate for their clients.
3. Improper denial of 504 plan: If the school improperly denied or failed to implement a 504 plan for your daughter that was recommended by a psychologist, that may violate her rights under Section 504 of the Rehabilitation Act, which prohibits disability discrimination in schools that receive federal funding.
In terms of next steps, you may want to consider:
1. Appealing your conviction based on the conflict of interest and/or ineffective assistance of counsel. You'll need to act quickly as there are strict deadlines for filing appeals and other post-conviction motions. Consult with an experienced criminal defense attorney about your options.
2. Filing a complaint against the school district for violating your daughter's rights under Section 504. You can file a complaint with the U.S. Department of Education's Office for Civil Rights. An education law attorney can advise you further on this process.
3. Filing a complaint against the DA with the California State Bar for the alleged conflict of interest and prosecutorial misconduct. The Bar can investigate and potentially discipline attorneys who violate ethics rules.
4. Consulting with a civil rights attorney about a potential lawsuit against the school district and/or DA's office for the alleged misconduct, discrimination and violation of rights.
These are serious allegations that warrant thorough investigation by competent counsel. I would strongly recommend consulting with attorneys specializing in criminal appeals, education law, professional ethics, and civil rights to fully explore your legal options. Document everything thoroughly and act promptly to preserve your rights and meet any applicable legal deadlines. I'm sorry you and your daughter have had to endure this difficult situation.
A:
It would appear this "conflict of interest" is something your lawyer should deal with.
I assume s/he would talk to the presiding judge.
Maybe even a "leaked" story to the local paper?
A: It certainly seems odd the specific prosecuting attorney assigned to your specific case is married to the principal. It could have been easily be assigned to another attorney in the DA's office. Did the principal testify or provide any evidence?
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