State attorney turns Campbell DUI over to governor's office - FOX 13 News

State attorney turns Campbell DUI over to governor's office

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TAMPA (FOX 13) -

The Schnitt versus Bubba mess has reached the desk of Governor Rick Scott. He's now the latest big name to get pulled into the chaos.

At issue is when Todd 'MJ' Schnitt's attorney Phil Campbell was arrested and charged with driving under the influence, right in the middle of the highly-charged trial.

Now FOX 13 has learned Campbell's DUI case will soon be Governors Scott's problem.

A spokesperson for the Hillsborough State Attorney's Office says there is a conflict of interest in the case since the state attorney himself, Mark Ober, took the stand in the trial.

So instead of Ober calling the shots on whether or not to prosecute Campbell, he is leaving that decision up to Governor Scott.

"Being that he was a witness in the case, that was a fairly predictable decision for him to make," said attorney Scott Tozian, who specializes in Florida Bar complaints.

Tozian says Ober is in a tough spot.

"If he took one action or another that shows some partiality to one side or another, it was probably a no-win situation for him to go forward," Tozian continued.

The state attorney's office says if Campbell's case is prosecuted, it won't be tried in Hillsborough County. Instead, the governor will appoint another prosecutor close by -- either in Pinellas, Polk, or Manatee County.

And Campbell's troubles don't end there. FOX 13 has confirmed a complaint against Phil Campbell has been filed with the Florida Bar. This isn't the first time Campbell has been accused of drinking and driving. Back in 2008, he pleaded no contest to a DUI charge and had his license suspended.

Tozian says Campbell's drinking could have the Florida Bar playing big brother.

"The Bar has the ability to tell lawyers -- I'm not saying this will happen to Mr. Campbell -- the Bar has the ability to say, 'We don't want you to drink,' and they put lawyers under contract. The lawyer agrees not to drink. The lawyer goes to meetings, he is tested regularly, randomly tested. There are many lawyers in Florida who have agreed not to drink so they can practice law," Tozian said.

When FOX 13 contacted the Florida Bar, they had no record of Campbell's prior DUI conviction, which is a violation.

Campbell now has 15 days to explain what happened; if the Bar is not satisfied with his response, he could face a suspension or sanctions.

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