Can a motion for disqualification of a district attorney be made pursuant to section 1424 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. M.K. (In re M.K.), A150146 (Cal. App. 2018):

A motion for disqualification of a district attorney made pursuant to section 1424 "may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial." ( 1424, subd. (a)(1).) "The statute thus articulates a two-part test: '(i) is there a conflict of interest?; and (ii) is the conflict so severe as to disqualify the district attorney from acting?' [Citation.]" (Hambarian v. Superior Court (2002) 27 Cal.4th 826, 833.) "On review of the trial court's denial of a recusal motion, '[o]ur role is to determine whether there is substantial evidence to support the [trial court's factual] findings [citation], and, based on those findings, whether the trial court abused its discretion in denying the motion.' [Citations.]" (People v. Vasquez (2006) 39 Cal.4th 47, 56.)

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