Case Details

Issues

Attorney General Control Of Litigation, Conflict Of Interest

Filing State

MI

Court

Michigan Supreme Court

Year

2010

Citation

People v. Waterstone, No. 140775 (Mich., June 4, 2010)

Resolution

Attorney General not disqualified from prosecuting judge who had previously been advised in related matter by another part of the Attorney General’s office.

Case Description

The Michigan Supreme Court reversed the disqualification of the Attorney General from prosecuting a judge who had previously been represented in a related civil proceeding by another part of the Attorney General’s office. While recognizing that the Attorney General is subject to the rules of professional conduct, the court held that disqualification is not required in this case because accommodation of his unique constitutional and statutory status will not infringe on the defendant’s right to a fair prosecution.