California, United States of America
The following excerpt is from People v. Municipal Court (Byars), 143 Cal.Rptr. 491, 77 Cal.App.3d 294 (Cal. App. 1978):
The principle which the real parties in interest seek to extend is not constitutionally based. Disqualification of a prosecutor for a [77 Cal.App.3d 300] conflict of interest or appearance of impropriety alone is not a matter of due process but rather an exercise of the court's statutory (Code Civ.Proc., 128; People v. Superior Court (Greer), supra, 19 Cal.3d at p. 261, fn. 4, 137 Cal.Rptr. 476, 561 P.2d 1164) and inherent power (People v. Superior Court (Greer), supra, 19 Cal.3d at pp. 264-265, 268, 137 Cal.Rptr. 476, 561 P.2d 1164) over the processes of trial. We must thus consider the propriety of the extension in light of the benefit that will result from it and its potential of harm.
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