Packer v. Superior Court

Opinion

CANTIL-SAKAUYE, C. J.

Penal Code section 1424 permits a defendant to seek to recuse a prosecutor for an alleged conflict of interest. The statute establishes a two-stage process. Initially, the defendant files a notice of motion containing “a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the moving party”: The factual allegations must be supported by “affidavits of witnesses who are competent to testify to the facts set forth in the affidavit.” (§ 1424, subd. (a)(1).) The district attorney and the Attorney…