BRYCE v. SUPERIOR COURT

Docket No. G006767.

205 Cal.App.3d 671 (1988)

252 Cal. Rptr. 443

DEVONA KAY BRYCE et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; CECIL HICKS, as District Attorney, etc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

October 27, 1988.


Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Carl C. Holmes, Chief Deputy Public Defender, and Thomas Havlena, Deputy Public Defenders, for Petitioners.

No appearance for Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi, Chief Assistant District Attorney, Maurice L. Evans, Assistant District Attorney, Thomas M. Goethals, Eric W. Snethen and E. Thomas Dunn, Jr., Deputy District Attorneys, for Real Party in Interest.


OPINION

CROSBY, J.

(1) May the prosecution dictate the place and manner in which court-supervised settlement negotiations take place? Under the separation of powers doctrine, we hold it may not: It is the responsibility of the judicial branch to manage the processing of cases under the guidance of the Constitution, the Legislature, and the Judicial Council. The authority of the executive branch to prosecute does not include...

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