Can a district attorney be recused from prosecuting a criminal charge under section 1424 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Hamilton, 249 Cal.Rptr. 320, 46 Cal.3d 123, 756 P.2d 1348 (Cal. 1988):

Defendant attacks the ruling, contending that Penal Code section 1424 (hereafter section 1424), enacted in 1980, incorporates the common law principle stated in People v. Superior Court (Greer) (1977) 19 Cal.3d 255, 137 Cal.Rptr. 476, 561 P.2d 1164, to the effect that the court may recuse a district attorney from prosecuting a criminal charge when that official has an actual or potential conflict of interest that might prejudice him against the defendant. The Attorney General replies that section 1424 requires that the conflict be actual rather than merely potential, and that it be of such gravity as to render it unlikely the defendant would receive a fair trial unless recusal is ordered. He concludes that under his interpretation of the statute the ruling was proper.

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