93-5

A County Attorney, whose husband is a police officer in the same county, is not disqualified from prosecuting a case in which the police department is involved unless the husband will be called as a witness. However, the familial relationship must be disclosed to the court, all lawyers, and the parties involved. If the husband is or may be a witness, the County Attorney may not handle the case personally. The County Attorney's exclusion does not extend to the entire office unless the appearance of impropriety exists under the facts in a particular case.