Penal Code 935 ensures that the County Counsel, who represents the District Attorney in all matters, should NOT be allowed to give advice to the Grand Jury when both he and the DA are subjects of the complaint.
934. (a) The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county
counsel, or the Attorney General. Unless advice is requested, the
judge of the court, or county counsel as to civil matters, shall not
be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request for advice
from the grand jury. If the Attorney General grants a request for
advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.
935. The district attorney of the county may at all times appear
before the grand jury for the purpose of giving information or advice
relative to any matter cognizable by the grand jury, and may
interrogate witnesses before the grand jury whenever he thinks it
necessary. When a charge against or involving the district attorney,
or assistant district attorney, or deputy district attorney, or
anyone employed by or connected with the office of the district
attorney, is being investigated by the grand jury, such district
attorney, or assistant district attorney, or deputy district
attorney, or all or anyone or more of them, shall not be allowed to
be present before such grand jury when such charge is being
investigated, in an official capacity but only as a witness, and he
shall only be present while a witness and after his appearance as
such witness shall leave the place where the grand jury is holding
936. When requested so to do by the grand jury of any county, the
Attorney General may employ special counsel and special
investigators, whose duty it shall be to investigate and present the
evidence in such investigation to such grand jury.
The services of such special counsel and special investigators
shall be a county charge of such county.