What is the test for establishing an ethical wall between office that employed crime victim and office that would prosecute the crime?

California, United States of America


The following excerpt is from Melcher v. Superior Court of Calaveras Cnty., 10 Cal.App.5th 160, 215 Cal.Rptr.3d 871 (Cal. App. 2017):

Third, the district attorney established an ethical wall that no evidence shows anyone has breached. Ethical walls are an accepted means of reducing the likelihood of a disabling conflict. (See People v. Gamache, supra, 48 Cal.4th at pp. 365-366, 106 Cal.Rptr.3d 771, 227 P.3d 342 [denial of motion to recuse upheld in part because district attorney established ethical wall between office that employed crime victim and office that would prosecute the crime]; People v. Choi (2000) 80 Cal.App.4th 476, 481-483, 94 Cal.Rptr.2d 922 [recusal of district attorney's office upheld where evidence showed ethical wall failed to prevent conflicted district attorney from discussing the case with the press and with others in his office].)

[10 Cal.App.5th 168]

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