What is the test for a motion to recuse a district attorney from acting as a prosecutor?

California, United States of America


The following excerpt is from People v. Mercado, H045155 (Cal. App. 2019):

" 'The statute "articulates a two-part test: '(i) is there a conflict of interest?; and (ii) is the conflict so severe as to disqualify the district attorney from acting?' " ' [Citation.] The defendant 'bear[s] the burden of demonstrating a genuine conflict; in the absence of any such conflict, a trial court should not interfere with the People's prerogative to select who is to represent them.' [Citation.] That burden is especially heavy where, as here, the defendant seeks to recuse not a single prosecutor but the entire office. [Citations.]" (People v. Trinh (2014) 59 Cal.4th 216, 229.)

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