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Landers v. State

A district attorney may be disqualified only for a violation of the defendant's due-process rights, not for violations of the disciplinary rules of professional conduct alone. Court of Criminal Appeals, No. PD-1065-07.

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Cochran, J., delivered the opinion of the Court in which Price, Womack, Johnson, and Keasler, JJ., joined. Keller, P.J., filed a concurring opinion. Meyers, J., filed a dissenting opinion in which Holcomb, J., joined. Hervey, J., concurred.

OPINION

We granted appellant’s petition for discretionary review to determine whether the elected district attorney was disqualified from prosecuting appellant for intoxication manslaughter because he had represented her in a prior DWI case. Appellant claims that her due-process rights were violated because the district attorney used “confidential information” that he had obtained during his prior representation against her in this case.*fn1 Although this is a close case and we are sensitive to the ethical issues involved, we agree with the court of appeals that there is “no evidence that the State’s attorney used any confidential information” in appellant’s prosecution on the current charge.*fn2 Thus we affirm the judgment of the trial court and of the court of appeals, both of which had denied appellant’s due-process claim.

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