California, United States of America
The following excerpt is from People ex rel. Younger v. Superior Court, 150 Cal.Rptr. 156, 86 Cal.App.3d 180 (Cal. App. 1978):
The district attorney has the peculiar opportunity to put himself in a position in which, under Comden v. Superior Court, 20 Cal.3d 906, 145 Cal.Rptr. 9, 576 P.2d 971, he "ought" to be called as a witness. 1 Quite often a deputy district attorney will quite properly take a confession from a defendant or a statement from a witness who later becomes hostile. This puts that deputy in a position in which quite properly He should be recused. But not the whole office!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.