In United States v. Williams, --- F.4th ---, No. 22-10174 (9th Cir. 2023), on the government's interlocutory appeal, the Court reversed the district court's order disqualifying the entire District of Arizona U.S. Attorney’s Office and directing the Department of Justice to supply an attorney from outside Arizona to represent the government in pending motions concerning misconduct allegations against one Assistant U.S. Attorney in the Arizona office.
First, the Court concluded it had jurisdiction under the collateral order doctrine. The Court noted "that the disqualification of defense counsel in a criminal matter was not immediately appealable." But it reached the opposite conclusion as to government counsel because "unlike government counsel, the improper disqualification of a defense counsel is redressable on appeal after a guilty verdict."
Second, on the merits, the Court focused on separation-of-powers principles and held that the district court abused its discretion: "Before disqualifying an entire U.S. Attorney’s Office, a district court must make specific factual findings that show that the office’s continued representation would result in a clear legal or ethical violation. Because the record does not reveal pervasive misconduct or a blanket conflict here, we reverse the disqualification order."
