What is the test for disqualifying a district attorney?

California, United States of America


The following excerpt is from People v. Jones, F072055 (Cal. App. 2017):

A defendant may move to disqualify a district attorney. ( 1424.) "The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial." ( 1424, subd. (a)(1).) Under the statute, the mere appearance of impropriety is not an independent ground for prosecutorial disqualification. (People v. Eubanks (1996) 14 Cal.4th 580, 592.)

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