227 So. 2d 221 | Fla. Dist. Ct. App. | 1969
The following certified question comes to us from the Thirteenth Judicial Circuit, Judge James A. Lenfestey:
“Should a state attorney be disqualified by the trial court on motion of defendant from prosecuting said defendant for the reason that the state attorney was previously the public defender and his office represented the defendant on an unrelated charge approximately four years prior to the occurrence of the crime for which the defendant is presently charged ?”
We are obliged to answer the question as abstractly phrased in the negative. The mere fact that the State Attorney was formerly the Public Defender when defendant was tried for a prior crime and represented by the Public Defender’s office does not, without more, disqualify him from prosecuting defendant for a different, subsequent crime.
We hasten to add, however, that a public defender owes his clients the same high standard of fidelity imposed by the Canons of Ethics on other members of the Bar. His duties in this respect are twofold.
Applying these principles here, the State Attorney can only be disqualified
. See Prichec v. Tecon Corp. (Fla.App. 3d 1962), 139 So.2d 712.
. See Young v. State (Fla.App.2d 1965), 177 So.2d 345.
. See Canons 6 and 37 of the Canons of Ethics Governing Attorneys as adopted by the Supreme Court of Florida. The latter Canon imposes the same duty on employees of attorneys.
. It is manifest that we do not here have a situation where the State Attorney previously personally represented defendant in the same matter or same case.
.Of course, it is possible that knowledge of even these matters could go beyond general information tactically useable in any trial. For example, if friendship with a certain person is itself a material issue at the subsequent trial and a substantial source of knowledge or proof of defendant’s friendship is a previous confidential disclosure made while the prosecutor was the Public Defender, the prosecutor should be disqualified and keep confidential such information.