STATE EX REL. MITCHELL v. PALMER

No. CR-21-0397-PR.

STATE OF ARIZONA EX REL. RACHEL H. MITCHELL, MARICOPA COUNTY ATTORNEY, Petitioner, v. HON. DAVID J. PALMER, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, Respondent Judge, TAMIRA MARIE DURAND, Real Party in Interest.

Supreme Court of Arizona.

Filed April 11, 2024.


Attorney(s) appearing for the Case

Rachel H. Mitchell , Maricopa County Attorney, Krista Wood (argued), Amanda Parker , Deputy County Attorneys, Phoenix, Attorneys for State of Arizona.

Michael P. Denea (argued), Michael P. Denea, PLC, Phoenix, Attorney for Tamira Marie Durand.

Kristin K. Mayes, Arizona Attorney General, Joshua Bendor, Solicitor General, Alice M. Jones, Deputy Solicitor General, Section Chief of Criminal Appeals, Joshua C. Smith, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

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


¶1 A prosecutor's conflict of interest erodes confidence in the judicial system and undermines the fairness of criminal trials. Courts must preserve the reality—and appearance—of fairness by disqualifying a prosecutor when such conflicts arise. Here, we examine a unique prosecutorial...

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