Appellate Division Rejects Per Se Rule in Motion to Disqualify Monmouth Prosecutor's Office
"In short, our analysis of the law on conflicts and our consideration of the policies embodied in the RPCs support a rule where individual, personal conflicts of county prosecutors are not imputed to the entire office," Judge Robert J. Gilson said.
February 22, 2024 at 10:09 AM
5 minute read
The Appellate Division held that the Rules of Professional Conduct support a rule where individual, personal conflicts of county prosecutors are not imputed to the entire office in a published appeal Wednesday.
In the underlying case, State v. Smith, Daishon I. Smith moved to disqualify the entire Monmouth County Prosecutor's Office from prosecuting him and multiple co-defendants. In February 2020, a task force from the MCPO began an investigation into gang-related activities in Monmouth and several other New Jersey counties, according to the opinion.
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