Not long ago, I was asked to be a special deputy prosecutor for the Prosecuting Attorney of another county. I was appointed to act as a deputy of that county because there was a potential conflict of interest that prevented the prosecutor of that county from prosecuting. I handled the case until I discovered that the same conflict that existed for him existed for me. I explained to the judge and a third prosecutor was appointed.

These conflicts occur occasionally in all aspects of the justice system both civil and criminal. There are rules and standards that encourage and sometimes require that someone else be involved in the proceedings.
It is a built-in protection for both sides and works to try and assure a fair hearing of the facts, unfettered by personality or special interests. It is part of the way the system tries to do the business of the citizens in a fair way. The people of the state, through their representatives wanted it that way.

These conflicts occur most often in the criminal justice system for criminal defense attorneys. Over the years they represent lots of folks in different cases and these relationship later become conflicts in handling other cases. Other attorneys then become involved to continue the proceedings.

The best predictor of the future is the past. That is true in the criminal justice system as well as in many other aspects of human endeavor. Humans are creatures of habit. The persons who commit the majority of serious crimes are people who have been in trouble before and most likely will be again. They have made a practice of it. And the fact that they have been caught so many times does not seem to give them the idea that they are bad at it. So they just continue to do the same old thing hoping for a better result. I guess hope springs eternal in every heart.

The truth is that most people respect each other’s rights and treat each other right. Most of the trouble is caused by the few. And it is usually same few. This may be “politically incorrect” say, but we probably all think it. Maybe that’s why we laugh when, in the old movies, the police chief tells his detectives to go out and “round up the usual suspects.” He knows the chances are the guy he is looking for is in that group.