State v. Rupp

In State v. Rupp, 120 Ariz. 490, 586 P.2d 1302 (App. 1978), the Maricopa County Attorney's Office was disqualified after Rupp's defense attorney became the Maricopa County Attorney. A member of the Coconino County Attorney's Office, Gerald Till, was named as special prosecutor. Till arranged for a Deputy Maricopa County Attorney to represent the State during a calendar call, and Till and this deputy also discussed judges whom they would strike. When the assigned judge was identified, the deputy advised the court at Till's instruction that the State would exercise its privilege of striking the assigned judge from hearing the case. Id. at 496, 586 P.2d at 1307. Rupp then unsuccessfully moved to disqualify Till. The ruling was challenged on appeal, and this court held: The question of disqualifying Till called for a balancing of the effects of the previous objectionable conduct and the possibility of further similar involvement against the delay involved in finding and bringing another special prosecutor into the case. We believe that under all of the circumstances presented there was a reasonable basis for the trial court's refusal to order a second change of prosecutor. We accordingly find no error and no prejudice to the appellants by the court's action. Id. at 495-96, 586 P.2d at 1307-08.