Packer

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 General may file affidavits in opposition to the motion. (Ibid) After reviewing the motion and affidavits, the trial court exercises its discretion in determining whether the second stage, an evidentiary hearing, is necessary. (Ibid) An evidentiary hearing may be required if the defendant’s affidavits establish a prima facie showing for recusal; that is, if the facts demonstrated by the affidavits, if credited, would require recusal. (Spaccia v. Superior Court (2012) 209 Cal.App.4th 93, 111-112 [ 146 Cal.Rptr.3d 742 ] (Spaccia)) In some instances, the affidavits might present disputed material facts, the resolution…