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Villalpando v. Reagan9/22/2005
is, the court rejected the relator's argument that a trial court could play no role in the selection of a special prosecutor for a prosecutor who had suffered a conflict. Id. at 102-03. The court refuted the notion, advanced by the relator, that the office must remain fallow because the prosecutor had a conflict that precluded him from naming a replacement. Id. at 103.
Like the Indiana court, we fully expect and require our trial courts to review the nomination of a substitute prosecutorial agency, see, e.g., Latigue, 108 Ariz. at 523, 502 P.2d at 1342, as was done by the justice court without objection from Villalpando. We will not limit the trial court's independent authority and obligation to ensure that a prosecutorial conflict is cured by the new appointment. See id.; cf. Torres, 206 Ariz. at 55 n.3 , 75 P.3d at 145 n.3 (noting court's inherent authority to ensure defendant's Sixth Amendment right to counsel is protected). We simply hold that when a prosecutor's conflict is merely due to the defendant's employment by the same office or other such appearance-based conflicts, the prosecutor does not "perpetuate" the conflict by nominating a successor office to the court, nor does the court violate the defendant's due-process rights by appointing that nominee.
CONCLUSION
The judgment of the superior court upholding the decision of the justice court is affirmed.
SUSAN A. EHRLICH, Judge
CONCURRING:
DANIEL A. BARKER, Presiding Judge
MAURICE PORTLEY, Judge
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