Younger v. Superior Court (Warren)

In Younger v. Superior Court (Warren) (1978) 77 Cal.App.3d 892, a private attorney with an extensive criminal law practice was appointed assistant district attorney of Los Angeles, the third ranking position in the office. While he had no direct involvement in the prosecution of his former clients, there were two aspects of his work that presented an appearance of conflict. He attended weekly executive meetings at which prosecutorial policy was discussed ("which could ultimately affect, perhaps substantially, the prosecution" of the cases he had handled), and he participated in the evaluation of deputies for promotion, including those who were to prosecute his former clients. Under these circumstances, it was held, the trial court did not abuse its discretion in recusing the district attorney's office.