(Download) "People V. Superior Court Of Contra Costa County" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Superior Court Of Contra Costa County
- Author : Supreme Court Of California
- Release Date : January 30, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
The People seek a writ of mandate compelling respondent trial court to permit a district attorney to conduct a prosecution of a serious criminal charge despite the fact the court is convinced the prosecutor suffers from a conflict of interest which might prejudice him against the defendants and undermine his impartial exercise of judgment. The Attorney General asserts that judicial intervention disqualifying the district attorney violates the principle of the separation of powers (Cal. Const., art. III, § 3) by usurping a function reserved to the executive. We conclude the separation of powers contention lacks merit, and that trial courts have the authority to recuse prosecuting attorneys in appropriate circumstances. We further find no abuse of that power by