Lewis

The elected auditor-controller for the County of Orange, has petitioned to vacate the denial of a motion to recuse the Orange County District Attorney from prosecuting an accusation under Government Code section 3060, seeking to remove him from office. We hold there exists the appearance of a conflict so grave as to render it unlikely petitioner will receive fair treatment during the proceedings and order the motion to recuse be granted. We base this decision on the following facts: (1) The auditor-controller remains in office during the pendency of these proceedings and thus continues to perform the functions of his office in relation to the office of the district attorney, (2) the district attorney and his staff were direct victims of the alleged conduct underlying the accusation, (3) the district attorney’s own conduct may become an issue at trial, (4) the district attorney, as part of a “management council,” acted in an executive capacity for the county, during the time the facts allegedly supporting these charges were being investigated by his office, and (5) there is evidence of an attempt by the district attorney to discourage the county board of supervisors from…