Section 1424.5 Of Chapter 15. Disqualification Of Prosecuting Attorneys From California Penal Code >> Title 10. >> Part 2. >> Chapter 15.
1424.5
. (a) (1) Upon receiving information that a prosecuting
attorney may have deliberately and intentionally withheld relevant or
material exculpatory evidence or information in violation of law, a
court may make a finding, supported by clear and convincing evidence,
that a violation occurred. If the court finds such a violation, the
court shall inform the State Bar of California of that violation if
the prosecuting attorney acted in bad faith and the impact of the
withholding contributed to a guilty verdict, guilty or nolo
contendere plea, or, if identified before conclusion of trial,
seriously limited the ability of a defendant to present a defense.
(2) A court may hold a hearing to consider whether a violation
occurred pursuant to paragraph (1).
(b) (1) If a court finds, pursuant to subdivision (a), that a
violation occurred in bad faith, the court may disqualify an
individual prosecuting attorney from a case.
(2) Upon a determination by a court to disqualify an individual
prosecuting attorney pursuant to paragraph (1), the defendant or his
or her counsel may file and serve a notice of a motion pursuant to
Section 1424 to disqualify the prosecuting attorney's office if there
is sufficient evidence that other employees of the prosecuting
attorney's office knowingly and in bad faith participated in or
sanctioned the intentional withholding of the relevant or material
exculpatory evidence or information and that withholding is part of a
pattern and practice of violations.
(c) This section does not limit the authority or discretion of, or
any requirement placed upon, the court or other individuals to make
reports to the State Bar of California regarding the same conduct, or
otherwise limit other available legal authority, requirements,
remedies, or actions.