Whiteford

DISCUSSION

A. The Alleged Conflict of Interest Issue.

Plaintiffs‟ legal argument on the first issue states that they are related to the court

deputy: “Plaintiff‟s grandson is Court Deputy‟s grandson. Plaintiff does not have a good

relationship with Court Deputy. Plaintiff believes that Court Deputy should have recused

herself from the case knowing that she had a family relationship with Plaintiff. This was

detrimental to Plaintiffs‟ case as Court Deputy and Plaintiffs have a trouble [sic]

relationship.”

3 Of course, there is no evidence in our record that there is a family relationship,

that plaintiffs or their trial attorney brought any such alleged conflict to the attention of

the trial court by motion or otherwise, or that the deputy influenced or attempted to

influence the trial court or acted improperly in any way.

Plaintiffs cite People v. Clark (1993) 5 Cal.4th 950 (Clark).3 Defendant Clark was

convicted of first degree murder and rape. He was sentenced to death. (Clark, at pp.

970-971.) One issue on appeal, under the heading of “Conflicts of Interest,” was Clark‟s

contention that he was deprived of effective assistance of counsel, i.e., he was…