Is there a conflict of interest in a deputy district attorney representing a minor in a dependency proceeding?

California, United States of America


The following excerpt is from People v. Conner, 138 Cal.App.3d 102, 187 Cal.Rptr. 608 (Cal. App. 1982):

This case is factually distinguishable from Kain v. Municipal Court (1982) 130 Cal.App.3d 499, 181 Cal.Rptr. 751, the only appellate court case applying section 1424. In Kain, the defendant argued that a conflict of interest existed because a Ventura County deputy district attorney was representing defendant's minor children in a juvenile proceeding and another deputy district attorney from the same office represented the state in a criminal case charging him with sex crimes against his children. Further, the deputies involved in each proceeding had attempted to schedule the preliminary hearing and the dependency hearing within a few days of each other for the benefit of the children. (Kain v. Municipal Court, supra, 130 Cal.App.3d at pp. 502-503, 181 Cal.Rptr. 751.) On these facts the court found no conflicting personal interests which might prejudice the prosecutor against the accused, there was "no evidence of anything other than the district attorney's normal professional involvement in the matter." (Id., at p. 503, 181 Cal.Rptr. 751.)

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