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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

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