Does the Attorney General's claim that he is immune from prosecution if he is found guilty of a breach of the Official Duty privilege?

California, United States of America


The following excerpt is from Kilgore v. Younger, 180 Cal.Rptr. 657, 30 Cal.3d 770, 640 P.2d 793 (Cal. 1982):

The Attorney General relies primarily on Saroyan v. Burkett, supra. He claims that the official duty privilege is absolute and even a showing of unlawfulness will not deprive him of his statutory immunity. However, this position ignores the clear language of the statute which requires a "proper discharge" of duties before a person can invoke its protection.

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