Rescinded by Opinion .
A Deputy Public Defender may accept employment as a Deputy County Attorney in the same county if the following precautions are taken:
- All cases pending at the time of transition in which the attorney was substantially involved as a Deputy Public Defender must be examined by the County Attorney to assure that the attorney neither provided prejudicial information relating to the pending case nor personally assisted in any capacity in the prosecution of the case. After a determination that such has not occurred, the cases must also be examined to determine whether recusal of the County Attorney's office appears reasonably necessary to insure the fairness or appearance of fairness of trial or the orderly and proper administration of justice or to preserve the integrity of the fact-finding process or public confidence in the criminal justice system. If the County Attorney's office determines that recusal is appropriate, the case(s) must be transferred by the County Attorney's office to retained outside counsel, until they are completed.
- A "chinese wall" or "cone of silence" must be erected as to all other cases in which the defendant, juvenile or other person whose interests are adverse to those of the State's, was represented by the Public Defender's office against 'the County Attorney's office at the time of transition.
- In the future, the attorney must decline to participate on the State's behalf in a case involving the prosecution of a former client if the case appears to be substantially similar to the matter in which the attorney previously served as counsel.