May, J.
Attorney Michael Dean represented Swallow from April 2012 until June of 2013. During that time, he met with Swallow approximately ten times, conducted six depositions, and filed motions on Swallow’s behalf. In June 2013 Dean accepted an offer of employment from the prosecutor’s office. Dean stopped actively representing and communicating with his defense clients and took steps to transfer their files to other attorneys. The prosecutor issued a memo to his deputies stating Dean was to have no involvement in any case that he worked on while a public defender. That memo was posted in a public place in the office along with a list of Dean’s prior cases, and a copy of the memo was placed in each case file. Prior to trial, Swallow requested that a special prosecutor be appointed. He alleged Dean’s employment with the prosecutor’s office created a conflict of interest. The trial court denied the motion.
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The purpose of the special prosecutor statute is to protect the State’s interest in preserving the public confidence in the criminal justice system and ensuring that the prosecutor serves the ends of justice. Id. An actual conflict of interest arises where a prosecutor places himself in a situation inherently conducive to dividing his loyalties between his duties to the State and his personal interests. Id. at 210. The test is that a lawyer must be disqualified if the controversy involved in the pending case is substantially related to a matter in which the lawyer previously represented another client. State v. Tippecanoe Cnty. Court, 432 N.E.2d 1377, 1378 (Ind. 1982). We must therefore determine whether the relationship between Dean and Swallow gave rise to an actual conflict that resulted in prejudice to Swallow. Id.
Dean represented Swallow for over a year, participated in proceedings on behalf of Swallow, obtained confidential information through his representation, and met with Swallow on multiple occasions. His knowledge does not, however, disqualify the entire Wayne County Prosecutor’s office. See State ex rel. Goldsmith v. Superior Court of Hancock County, 270 Ind. 487, 491, 386 N.E.2d 942, 945 (Ind. 1979) (withdrawal of one deputy prosecutor did not disqualify the entire staff of the prosecutor’s office). The question is whether Dean shared with the prosecution confidential information he obtained through his representation of Swallow. See Williams v. State, 631 N.E.2d 485, 488 (Ind. 1994) (appointment of a special prosecutor not required when deputy prosecutor, who had previously represented Williams’ co-defendant, did not disclose to the prosecutor any written or verbal information gained during her representation, and she and the prosecutor had never discussed any details regarding the pending prosecution of Williams).
At the hearing on the motion requesting a special prosecutor, Dean testified that once he began working at the prosecutor’s office, he was not allowed to have contact with Swallow’s file. He testified that Swallow’s case “has never even been mentioned to me by anybody or mentioned in my presence,” (Tr. at 65), and he had not talked about it to any staff, the Prosecutor, or any of the Deputy Prosecutors. He testified that he had not divulged any confidential information he learned about Swallow while he represented him. Id. at 66.
As no confidential information Dean obtained was shared with the prosecutor’s office, the trial court did not err in denying the motion to appoint a special prosecutor.
KIRSCH, J., and BAILEY, J., concur.