A district attorney’s office should not be disqualified from prosecuting a defendant because an assistant district attorney in the office previously represented the defendant when the attorney served as a public defender, the state Superior Court has ruled.

A unanimous three-judge panel on Sept. 2 reversed the Clinton County Court of Common Pleas’ removal of the Clinton County District Attorney’s Office from a drug case, holding that the ADA’s prior representation is a clear conflict of interest but remanding the case to determine whether confidential information was disclosed to the office that would merit its entire removal.

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