Chadwick v. Superior Court

In Chadwick v. Superior Court (1980) 106 Cal.App.3d 108, a deputy public defender of Santa Barbara terminated his employment with the public defender's office and accepted a position as a deputy district attorney. The public defender then sought to disqualify the entire district attorney's office from prosecuting 39 pending felony cases in which the defendants had been represented by the former deputy. In two separate proceedings trial courts denied the motions. The Court of Appeal found no abuse of discretion. The court noted that the district attorney's office had taken pains to isolate the former deputy public defender from any involvement in those cases, that he had been assigned solely to juvenile court cases, and that he had sworn not to discuss those cases with prosecutorial personnel. (106 Cal.App.3d at p. 112.) Moreover, the former deputy public defender's office was in a building (the juvenile court building) separate from the district attorney's office. Other matters were noted by the court: The organizational chart of the office had been modified so that the former deputy public defender would not be supervised by personnel involved in or connected with the trial of the moving defendants; the new deputy district attorney had no supervisorial or policy making role; and, the public defender had filed a declaration in which he praised the ethical and moral character of the former deputy stating that he had never known the deputy to act improperly and had no reason to believe that he would do so in his present capacity. ( Id., at p. 113.)