2009 California Penal Code - Section 1424 :: Chapter 15. Disqualification Of Prosecuting Attorneys

PENAL CODE
SECTION 1424

1424.  (a) (1) Notice of a motion to disqualify a district attorney
from performing an authorized duty shall be served on the district
attorney and the Attorney General at least 10 court days before the
motion is heard. The notice of motion shall contain a statement of
the facts setting forth the grounds for the claimed disqualification
and the legal authorities relied upon by the moving party and shall
be supported by affidavits of witnesses who are competent to testify
to the facts set forth in the affidavit. The district attorney or the
Attorney General, or both, may file affidavits in opposition to the
motion and may appear at the hearing on the motion and may file with
the court hearing the motion a written opinion on the
disqualification issue. The judge shall review the affidavits and
determine whether or not an evidentiary hearing is necessary. The
motion 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. An order recusing the district attorney
from any proceeding may be reviewed by extraordinary writ or may be
appealed by the district attorney or the Attorney General. The order
recusing the district attorney shall be stayed pending any review
authorized by this section. If the motion is brought at or before the
preliminary hearing, it may not be renewed in the trial court on the
basis of facts that were raised or could have been raised at the
time of the original motion.
   (2) An appeal from an order of recusal or from a case involving a
charge punishable as a felony shall be made pursuant to Chapter 1
(commencing with Section 1235) of Title 9, regardless of the court in
which the order is made. An appeal from an order of recusal in a
misdemeanor case shall be made pursuant to Chapter 2 (commencing with
Section 1466) of Title 11, regardless of the court in which the
order is made.
   (b) (1) Notice of a motion to disqualify a city attorney from
performing an authorized duty involving a criminal matter shall be
served on the city attorney and the district attorney at least 10
court days before the motion is heard. The notice of motion shall set
forth a statement of the facts relevant to the claimed
disqualification and the legal authorities relied on by the moving
party. The district attorney may appear at the hearing on the motion
and may file with the court hearing the motion a written opinion on
the disqualification issue. The motion 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.
   (2) An order recusing the city attorney from a proceeding may be
appealed by the city attorney or the district attorney. The order
recusing the city attorney shall be stayed pending an appeal
authorized by this section. An appeal from an order of
disqualification in a misdemeanor case shall be made pursuant to
Chapter 2 (commencing with Section 1466) of Title 11.
   (c) Motions to disqualify the city attorney and the district
attorney shall be separately made.

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