NCJ Number
103426
Journal
Prosecutor Volume: 20 Issue: 2 Dated: (Fall 1986) Pages: 33-39
Date Published
1986
Length
7 pages
Annotation
A 'Plan of Cooperation' developed by prosecuting attorneys in adjacent Ohio counties has provided a successful and cost-effective solution to potential conflict of interest problems facing prosecutors in small, less populous jurisdictions.
Abstract
Because prosecutors in such jurisdictions have previously or continue to maintain a private practice and often have professional or personal associations with defendants, there is frequently difficulty in dealing with this delicate problem. The problem is further aggravated by limited budgets, high caseloads, and a paucity of other attorneys to serve as special prosecutors. Under the plan, the home prosecuting attorney seeks an order of disqualification in cases where there is a potential for real or alleged conflict of interest. One of the prosecutors from the two other participating counties is appointed as special prosecuting attorney. This visiting prosecuting attorney and his assistant have full and independent responsibility for legal services in the case for the duration of the appointment. Further, all salary, protections, fringe benefits, and insurance costs are paid solely by the county from which the visiting attorney originated. Other, nonemployee costs such as expert witness fees and witness expenses are borne by the home county. The plan has been used in a number of cases where the defendant was a former client of the home prosecutor and where the home prosecutor was personally affected by where the home prosecutor was personally affected by the case. A copy of the cooperative agreement is appended. 15 footnotes.