Does a finding of a conflict of interest require the entire District Attorney's Office to be recusal?

California, United States of America


The following excerpt is from The People v. Choi, 80 Cal.App.4th 476, 94 Cal.Rptr.2d 922 (Cal. App. 2000):

The People argue that even if the evidence supported the court's finding of a conflict of interest, that conflict was not so grave as to require recusal of the entire District Attorney's office. While the trial court's order did not explicitly state the factors it relied upon in finding that the defendants could not receive a fair trial, the record supports the court's implied finding that the conflict was so grave as to render a fair trial unlikely. (See People v. Eubanks, supra, 14 Cal.4th at pp. 598-599 [appellate court can assess whether conflict was disabling where trial court failed to apply complete test under section 1424].)

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