What is the test for a motion to disqualify a prosecuting attorney?
California, United States of America
The following excerpt is from People v. Millwee, 18 Cal.4th 96, 74 Cal.Rptr.2d 418, 954 P.2d 990 (Cal. 1998):
Since its enactment in 1980, section 1424 has governed motions to disqualify the prosecuting attorney. 7 First, a conflict of interest must be shown, that is, there must be a " 'reasonable possibility that the DA's office may not exercise its discretionary function in an evenhanded manner.' " (People v. Eubanks (1996) 14 Cal.4th 580, 594, 59 Cal.Rptr.2d
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