Legal Ethics
DA Can Prosecute Rape Case Against County Sheriff's Deputy, Visiting Judge Rules
All eight superior court judges in Yakima County, Wash., have removed themselves from hearing a rape case against a sheriff’s deputy.
However, the district attorney can prosecute the case if he wishes to, a visiting judge ruled yesterday, reports the Yakima Herald-Republic.
Rejecting a defense argument that DA Jim Hagarty must be disqualified because he allegedly gave the defendant sheriff’s deputy, Sean Moore, legal advice while visiting a gym a year ago, Kittitas County Superior Court Judge Scott Sparks held it’s up to Hagarty to decide whether to step aside.
Hagarty says he doesn’t remember the claimed conversation at the gym and promises that Moore will be prosecuted fairly.
