Bradley

I

Government Code section 3063 specifies the procedure to be followed after the grand jury has found an accusation: “The district attorney shall have a copy of the accusation served upon the defendant, and by notice in writing shall require the accused to appear before the superior court of the county, at a time stated in the notice, and answer the accusation. Appearance shall not be required in less than 10 days from the service of the notice. After service, the original accusation shall be filed with the clerk of the court.”

The question in this appeal is whether Government Code section 3063 imposes mandatory duties on the district attorney or whether, instead, the district attorney has discretion to refuse to comply and thereby effectively abort the prosecution of an accusation found by the grand jury against a public officer. The superior court denied a petition for writ of mandate to compel the district attorney to comply with Government Code section 3063. We conclude the district attorney’s duty to comply with Government Code section 3063, thus commencing prosecution of an accusation found by the grand jury, is mandatory. Accordingly, we reverse.

On August 25,…