1. The Alleged Romantic Relationship Between Willis and Wade
Georgia courts have resoundingly rejected romantic relationships between attorneys as a basis for prosecutorial disqualification. “[T]here is no per se rule of disqualification based on marital status.” Jones v. Jones, 258 Ga. 353, 354–55 (1988); see also Blumenfeld v. Borenstein, 247 Ga. 406, 408, 276 S.E.2d 607, 609 (1981) (“Absent a showing that special circumstances exist which prevent the adequate representation of the client, disqualification based solely on marital status is not justified.”). The Georgia Supreme Court has explained that even married attorneys on opposing sides of litigation do not suffer from a conflict of interest. See Jones, 258 Ga. at 354–355 (“We have found no authority, and none has been cited to us, for the proposition that married lawyers who are involved in active litigation on opposing sides of a case must be disqualified.”). Georgia courts have explained that, “[w]hile we cannot disagree with the proposition that the marital relationship may be the most intimate relationship of a person’s life, it does not follow that professional people allow this intimacy to interfere with professional obligations.” Ventura, 346 Ga. App. at 311, 816 S.E.2d at 154. The opportunity for conflict and potential impropriety between spouses on opposing sides of litigation are greater than those on the same side of a case, working toward the same outcome. Accordingly, there is no plausible argument that non-married attorneys in a romantic relationship who serve together as prosecutors in a case create a conflict of interest for the defendant.