The Louisiana Court of Appeal has decided it would be a conflict of interest if Evangeline Parish District Attorney, Trent Brignac, continues to prosecute in the case of Christina Sam's alleged voter fraud.

VILLE PLATTE, La. (KLFY) -- The Louisiana Court of Appeal has decided it would be a conflict of interest if Evangeline Parish District Attorney, Trent Brignac, continues to prosecute in the case of Christina Sam's alleged voter fraud.

Sam was arrested in Nov., just 10 days after winning the primary election, on charges of voter fraud and forgery.

She has continued to serve as council woman while the case has been reviewed.

Roshell Jones, Christina Sam's attorney, said the motion to recuse Brignac started after Brignac indicted Sam before a grand jury at the end of January without Jones' presence.

"We believe that he has a personal interest in the prosecution and the grand jury proceedings in this case that basically makes it impossible for him to fairly and impartially administer justice in this case," Jones said.

In a letter sent to Jones, the Louisiana Court of Appeals agrees.

Saying all evidence provided by Jones in February's hearing made it clear Brignac would have to serve as a witness to establish if Sam was pressured to confess to the voter fraud.

"He is an essential material witness in this case and that he cannot be both prosecutor and a witness at the same time in the same case," Jones said.

The decision by the court of appeals states neither Brignac nor his office can take part in the prosecution, those duties will be given to the attorney general's office.

Jones said more motions are planned once the attorney general's office takes over.

"Once the attorney general's office is appointed, we then will be filing a motion to dismiss the grand jury indictment and any other formal charges that were filed by Trent Brignac's office because they are simply illegal because he had personal interest in the case and had no business pursuing any of those proceedings against alderman Sam," Jones said.

The next hearing is scheduled for April 11 to find out if the attorney general's office would like to pursue prosecution on Sam.

News 10 has reached out to district attorney Trent Brignac, he has not provided comment.