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Judge denies motion to disqualify district attorney's office in Garten prosecution
Summary
A judge denied a defense motion to disqualify the Dixon County District Attorney's Office from prosecuting a defendant who previously sued the office, saying prior civil settlement and litigation did not show disqualifying impropriety tied to the current criminal charges.
A judge on the docket call denied a defense motion to disqualify the Dixon County District Attorney's Office from prosecuting defendant Mr. Garten, ruling the earlier civil litigation and settlement did not require recusal.
The motion, argued by defense counsel Mr. Gordon, said the district attorney's past handling of an unrelated harassment prosecution and a subsequent civil settlement created an appearance — and, the defense argued, actual evidence — of impropriety. "There has been actual impropriety," Mr. Gordon said in…
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