People v. Superior Court (Greer)

In People v. Superior Court (Greer) (1977) 19 Cal.3d 255, it was held that the trial judge properly invoked the power to remove a prosecutor on the ground that the prosecutor's conflict of interest might bias him against the defendant. Although the Greer court's conclusion was predicated in part on the necessity for prosecutorial impartiality from the perspective of the accused, the court made clear that the interest of the accused was not the sole consideration. Thus the court stated: "Society also has an interest in both the reality and the appearance of impartiality by its prosecuting officials: 'It is essential that the public have absolute confidence in the integrity and impartiality of our system of criminal justice. This requires that public officials not only in fact properly discharge their responsibilities but also that such officials avoid, as much as is possible, the appearance of impropriety.' " ( Greer, supra, 19 Cal.3d 255, 268.)