Chadwick

In these consolidated proceedings, the Public Defender of Santa Barbara County seeks to disqualify the entire district attorney’s office of that county from prosecuting some 39 pending felony cases. The defendants (petitioners here) were represented by James B. Jennings, then a deputy public defender of Santa Barbara. Mr. Jennings terminated his employment with the public defender on December 21, 1979. He accepted an appointment as a deputy district attorney, the position he now holds, on December 24, 1979. His entire assignment is to represent the People in juvenile court matters heard in Santa Maria.

We have concluded that the trial judges acted within their discretion in denying the public defender’s motions to recuse the district attorney’s office.

Procedural History

Following Mr. Jennings’ appointment as a deputy district attorney, the public defender presented two separate recusal motions seeking to disqualify the district attorney from prosecuting pending cases in which Mr. Jennings had represented defendants. Each motion was for a group of cases, and each was heard by a different judge. The first motion was on behalf of 12 (later 14) defendants (the Godwin…