Section 12.32 Motion for Disqualification of Prosecutor

• Library: Criminal Practice 2012 Supp

5. (§12.32) Motion for Disqualification of Prosecutor

There is little authority for a motion for disqualification of the prosecutor. The prosecutor should not participate in a trial or prosecution when the prosecutor is:

· related to the defendant;

· the victim of the alleged offense;

· related to or otherwise interested in the victim;

· related to the judge;

· a witness to the offense; or

· particularly prejudiced against the defendant.

The Rules of Professional Conduct, which are adopted as Rule 4, apply to prosecutors. Rule 4–3.8 pertains to the special responsibilities of a prosecutor. Rule 4–3.6 pertains to trial publicity. In State v. Tyler, 587 S.W.2d 918, 929–30 (Mo. App. W.D. 1979), the...