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STATE v. MARNER IN AND FOR COUNTY OF PIMA

No. CR-19-0315-PR.

487 P.3d 631 (2021)

The STATE of Arizona, Petitioner, v. Hon. James E. MARNER, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent Judge, Darren Irving Goldin, Real Party in Interest.

Supreme Court of Arizona.

June 1, 2021.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, John Johnson , Division Chief Counsel, Nicholas Klingerman (argued), Section Chief Counsel, Tucson, Attorneys for State of Arizona.

Pima County Legal Defender's Office, Anne Elsberry (argued), Assistant Legal Defender, Tucson, Attorneys for Darren Irving Goldin.

Christopher D. Thomas , Karl J. Worsham (argued), Randal B. McDonald , Austin C. Yost , Perkins Coie LLP, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES LOPEZ, BEENE, and MONTGOMERY joined.

¶1 Before us is an issue of first impression for this Court: whether an appearance of impropriety, arising from a prosecutor's actual misconduct, may be imputed to disqualify an entire prosecutor's office. We hold that, in the interests of fairness to the defendant and public confidence in the judicial...

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