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2005 New Mexico Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagnm0003 and id is 1 raw text is: January 14, 2005 OPINION OF PATRICIA A. MADRID Attorney General Opinion No. 05-01 BY: Arthur W. Pepin Assistant Attorney General TO: Richard D. Flores District Attorney, Fourth Judicial District P.O. Box 2025 1800 New Mexico Avenue Las Vegas, New Mexico 87701 RE: DEATH PENALTY PROSECUTION FOR THE MURDER OF PRISON GUARD RALPH GARCIA; CONFLICT OF INTEREST FOR DISTRICT ATTORNEY AND HIS ENTIRE STAFF QUESTION: Is Richard D. Flores, the newly elected District Attorney in the Fourth Judicial District, who worked in private practice with an attorney presently representing a defendant in a capital case (including representing the defendant at least once at a hearing), subject to disqualification from the prosecution of that case? If the District Attorney is disqualified, are other members of his DA office similarly disqualified? CONCLUSION: The incoming District Attorney, Richard D. Flores, and all members of his District Attorney's office, are clearly disqualified from prosecuting the death penalty case against the District Attorney's and his colleague's former client. Any involvement by DA Flores or his staff would jeopardize any conviction obtained in the prosecution of Robert Young for the murder of Ralph Garcia