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STATE v. EIGHTH JUD. DIST. CT. (ZOGHEIB)

No. 62615.

321 P.3d 882 (2014)

The STATE of Nevada, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Stefany Miley, District Judge, Respondents, and Jihad Anthony Zogheib, Real Party in Interest.

Supreme Court of Nevada.

March 27, 2014.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, Carson City; Ryan J. MacDonald , Deputy District Attorney, Clark County, for Petitioner.

Lucherini Law and Robert G. Lucherini , Las Vegas, for Real Party in Interest.

BEFORE HARDESTY, PARRAGUIRRE and CHERRY, JJ.

OPINION

By the Court, HARDESTY, J,:

Clark County District Attorney Steven Wolfson was a criminal defense attorney before being appointed to the elective office he currently holds. The transition from defense counsel to head of a prosecutor's office results in a conflict of interest under Nevada Rule of Professional Conduct 1.9 that, depending on the circumstances, disqualifies Wolfson from prosecuting his former clients. The question presented in...

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