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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney's election, employed adversely to the state.
(b) A district or county attorney may not:
(1) be of counsel adversely to the state in any case in any court; or
(2) after the attorney ceases to be a district or county attorney, be of counsel adversely to the state in any case in which the attorney has been of counsel for the state.
(c) A judge of a court in which a district or county attorney represents the state shall declare the attorney disqualified for purposes of Article 2A.104 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 2A.105. Grounds for Disqualification - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-2a-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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