What is the test for determining whether a judge has a conflict of interest in a case?
California, United States of America
The following excerpt is from People v. Clark, 22 Cal.Rptr.2d 689, 5 Cal.4th 950, 857 P.2d 1099 (Cal. 1993):
[5 Cal.4th 1045] "The trial court is obligated not merely to inquire but also to act in response to what its inquiry discovers.... In discharging its duty, it must act ' "... with a caution increasing in degree as the offenses dealt with increase in gravity." ' (People v. Bonin, supra, 47 Cal.3d at pp. 836-837, 254 Cal.Rptr. 298, 765 P.2d 460.)
"When in violation of its duty the trial court fails to inquire into the possibility of a conflict of interest or fails to adequately act in response to what its inquiry discovers, it commits error under Wood v. Georgia [ (1981) ] 450 U.S. 261, 101 S.Ct. 1097, 67 L.Ed.2d 220. [Citation.]
"The most advanced legal research software ever built."
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.
