186 W. Va. 528 - State Ex Rel. Bailey v. Facemire’s Empirical Analysis

Citation profile

2 federal appellate · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Based on the potential for conflicts of interest presented by the prosecutor’s dual role of representing the state in criminal matters as well as representing the interests of a civil client in a domestic proceeding, we hold that a prosecuting attorney has an obligation to use reasonable efforts to ascertain whether there is an actual or potential conflict prior to accepting representation of a civil client. When such a conflict or potential conflict presents itself, the prosecutor must, depending on the circumstances, either refrain from accepting representation or withdraw as counsel. In the event the conflict arises during the course of representation, the prosecuting attorney has an affirmative obligation to seek appointment of a special prosecuting attorney and remove himself from the case in all respects.”

   1 later decision quote this exact passage
   e.g. In re Toups

2. “Rule 1.11 of the Rules of Professional Conduct prohibits lawyers, including prosecuting attorneys and their assistants, from representing private clients in con- neetion with any “matter in which the lawyer has participated personally and substantially as a public officer or employee.””

   1 later decision quote this exact passage
   e.g. SER Michael T. Clifford v. W.Va. Office of Disciplinary Counsel & W.Va. Lawyer Disciplinary Board