Saad v. City of Berkeley

The issue we deem important in this case is whether a deputy district attorney should be subject to challenge for cause, preventing him from serving on a jury, because of implied bias under Code of Civil Procedure section 229, when the case is being prosecuted by the same district attorneys office which is his employer. We conclude that this constitutes grounds for challenge for cause and that the court erred in denying the challenge. We find the error not prejudicial, however, because the defendant removed the juror by use of a peremptory challenge, and thereafter did not demonstrate exhaustion of possible additional peremptory challenges. We therefore will affirm the judgment.