Does a city attorney have power to bar the city attorney from prosecuting a particular case?
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):
Here the trial court possessed the power to bar the city attorney from prosecuting a particular case. (People v. Superior Court (Greer), supra, 19 Cal.3d at p. 261, 137 Cal.Rptr. 476, 561 P.2d 1164.) The issue thus is whether the record in the case at bench encompasses a rational basis for the trial court's action.
We conclude it does not.
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