Can a defendant move to disqualify a prosecuting attorney or entire prosecuting agency?

California, United States of America


The following excerpt is from People v. Connor, 2d Crim. No. B296571 (Cal. App. 2020):

Section 1424 allows a defendant to move to disqualify a particular prosecuting attorney or an entire prosecuting agency. The statute provides for a two-part test: (1) the defendant must show a conflict of interest, and (2) that the conflict is so severe as to disqualify the district attorney from acting. (People v. Gamache (2010) 48 Cal.4th 347, 361.) Where the defendant seeks to recuse an entire prosecuting office, he must make an especially persuasive showing. (Ibid.) A conflict exists whenever the evidence shows there is a reasonable possibility the district attorney's office may not exercise its discretionary function in an evenhanded manner. (Id. at p. 362.) We review the trial court's decision for an abuse of discretion. (Id. at p. 361.)

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