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HUGHES v. JORGENSON

No. CV-01-0336-PR.

50 P.3d 821 (2002)

203 Ariz. 71

Frank Douglas HUGHES, Petitioner, v. Hon. Cindy JORGENSON, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, The State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

July 23, 2002.

Attorney(s) appearing for the Case

Janet A. Napolitano, Phoenix, Arizona Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and John R. Evans, Assistant Attorney General, Tucson, Attorneys for Real Party In Interest.

Law Offices of Walter B. Nash, III, P.C., by Walter B. Nash, III, and William J. Kirchner, Tucson, Attorneys for Petitioner.

OPINION

BERCH, Justice.

¶ 1 We granted review to determine the appropriate interpretation of the term "substantial interest" as it is used in Arizona's conflict of interest statute, Ariz.Rev.Stat. ("A.R.S.") § 38-503 (2001). The question is whether the term encompasses interests other than non-remote pecuniary or proprietary interests. We conclude that it does not.

BACKGROUND

¶ 2 The question arises against the following...

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