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STATE v. NICKELS

No. 35369-9-III.

434 P.3d 535 (2019)

STATE of Washington, Respondent, v. David Emerson NICKELS, Petitioner.

Court of Appeals of Washington, Division 3.

Filed February 7, 2019.

Attorney(s) appearing for the Case

Jacqueline Kay Walsh , Mark A. Larranaga , Walsh & Larranaga, 705 2nd Ave. Ste. 501, Seattle, WA, 98104-1715, for Petitioner.

Garth Louis Dano , Attorney at Law, Kevin James McCrae , Edward Asa Owens , Grant County Prosecutor's Office, Po Box 37, 35 C St. Nw, Ephrata, WA, 98823-1685, for Respondent.

John Avrom Strait , Seattle University School of Law, 901 12th Ave., Seattle, WA, 98122-4411, Rita Joan Griffith , Attorney at Law, 4616 25th Ave. Ne, Pmb 453, Seattle, WA, 98105-4523, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

Hillary Ann Behrman , The Washington Defender Association, 110 Prefontaine Place South, #610, Seattle, WA, 98104-2626, for Amicus Curiae on behalf of Washington Defender Association.

PUBLISHED OPINION

¶ 1 When an attorney transitions from representing individual clients to the position of elected prosecutor, conflicts of interest can arise, restricting not only the attorney's ability to work on a given case, but also necessitating recusal of the entire prosecutor's office. The standard set by the Washington...

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