Section 936.5 Of Article 3. Legal And Other Assistants For Grand Juries From California Penal Code >> Title 4. >> Part 2. >> Chapter 3. >> Article 3.
936.5
. (a) When requested to do so by the grand jury of any county,
the presiding judge of the superior court may employ special counsel
and special investigators, whose duty it shall be to investigate and
present the evidence of the investigation to the grand jury.
(b) Prior to the appointment, the presiding judge shall conduct an
evidentiary hearing and find that a conflict exists that would
prevent the local district attorney, the county counsel, and the
Attorney General from performing such investigation. Notice of the
hearing shall be given to each of them unless he or she is a subject
of the investigation. The finding of the presiding judge may be
appealed by the district attorney, the county counsel, or the
Attorney General. The order shall be stayed pending the appeal made
under this section.
(c) The authority to appoint is contingent upon the certification
by the auditor-comptroller of the county, that the grand jury has
funds appropriated to it sufficient to compensate the special counsel
and investigator for services rendered pursuant to the court order.
In the absence of a certification the court has no authority to
appoint. In the event the county board of supervisors or a member
thereof is under investigation, the county has an obligation to
appropriate the necessary funds.