§ 26541 District Attorney Conflict Rules

Government Code·California

AI SummaryVerified

Key Takeaways

•A district attorney (DA) cannot defend someone in a case where the state is trying to take their land (eminent domain).
•This rule only applies in the county where the DA works.
•The DA can defend the county or a county officer if they are the ones being sued in the case.

Example

The state wants to take John's land to build a new road. John hires a lawyer to fight this in court.

The local DA cannot be John's lawyer in this case because the state is involved, and the DA works for the county where this is happening. But if the county itself was being sued, the DA could help defend it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 26541 District Attorney Conflict Rules

A district attorney shall not during his incumbency defend or assist in the defense of, or act as counsel for, any defendant in any eminent domain action or proceeding in which the State or any state agency is a party plaintiff in the county in which he holds office, except when the county or county officer in his official capacity is defendant. (Added by Stats. 1947, Ch. 424.)

Last verified: January 22, 2026

Key Terms

eminent domain property plaintiff defendant district attorney capacity

References

Official text at leginfo.legislature.ca.gov
California Legislature. Government Code. Section 26541.

Key Takeaways

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Key Terms

Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References