California, United States of America
The following excerpt is from People v. M.K. (In re M.K.), A150146 (Cal. App. 2018):
A motion for disqualification of a district attorney made pursuant to section 1424 "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).) "The statute thus 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.]" (Hambarian v. Superior Court (2002) 27 Cal.4th 826, 833.) "On review of the trial court's denial of a recusal motion, '[o]ur role is to determine whether there is substantial evidence to support the [trial court's factual] findings [citation], and, based on those findings, whether the trial court abused its discretion in denying the motion.' [Citations.]" (People v. Vasquez (2006) 39 Cal.4th 47, 56.)
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