What is the test for a change of venue where a criminal case has "to some extent become involved in county politics"?

California, United States of America


The following excerpt is from Powell v. Superior Court, 232 Cal.App.3d 785, 283 Cal.Rptr. 777 (Cal. App. 1991):

Such "[p]olitical factors have no place in a criminal proceeding, and when they are likely to appear, as here, they constitute an independent reason for a venue change." (Maine v. Superior Court, supra, 68 Cal.2d at p. 387, 66 Cal.Rptr. 724, 438 P.2d 372.) Maine discusses a change of venue where the case had "to some extent become involved in county politics." (Id., at p. 386, 66 Cal.Rptr. 724, 438 P.2d 372.) In Maine, the trial judge originally assigned to hear the case, counsel for one of the defendants, and the prosecuting attorney were candidates for the same office. Even though a judge from outside the county had been assigned to hear the case, Maine ordered a change of venue because "we harbor a gnawing fear that the campaign competition between two election adversaries might inadvertently intrude during the course of a proceeding in which they are also trial adversaries." (Id., at p. 387, 66 Cal.Rptr. 724, 438 P.2d 372.)

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