When a county attorneys office has been recused from a case and is ordered to secure a special prosecutor or the attorney general's office to take over the prosecution. Can the recused county attorney's office work with the new prosecutor in the case? Or are they exempt from any actions or involvement other than finding a new prosecutor? Can they be active in presenting the evidence to the new prosecutor?
Thank you.
Answer
Just because another attorney tries the case does not mean the present county attorney's office cannot provide evidence and otherwise act on behalf of that attorney. If your attorney believes otherwise they've got some work to do to argue a motion so stating.
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