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Haraguchi v. Superior Court (People) (2008) , Cal.4th
[No. S148207. May. 12, 2008.]
MASSEY HARUSHI HARAGUCHI, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
(Superior Court of Santa Barbara County, No. 1203536, Frank J. Ochoa, Judge.)
(The Court of Appeal, Second Dist., Div. Six, No. B191161, 143 Cal.App.4th 846.)
(Opinion by Werdegar, J., expressing the unanimous view of the court.)
OPINION
WERDEGAR, J.-
Prosecutors are public fiduciaries. They are servants of the People, obliged to pursue impartially in each case the interests of justice and of the community as a whole. fn. 1 When conflicts arise that compromise their ability to do so, they can and should be recused. But defendants bear the burden of demonstrating a {Slip Opn. Page 2} genuine conflict; in the absence of any such conflict, a trial court should not interfere with the People's prerogative to select who is to represent them.
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