OCDA Director of Public Affairs Kimberly Edds said the California Attorney General's Office has determined the DA's office does not have a conflict of interest and will prosecute the case against 72-year-old Jeffrey Ferguson.
Ferguson has not been charged for the alleged murder of his wife, 65-year-old Sheryl Ferguson, inside of the family's Anaheim Hills home.
The Anaheim Police Department has not turned the case over to OCDA, but Edds said they will review it when they do, and make a filing decision.
What we know about the OC judge accused of killing his wife
Murder accusations against Judge Ferguson have left many stunned, and not just those who know him. Families going through the legal system and awaiting justice are also in disbelief.
Sandy Caceros' little sister, Mirelle Mateus, was allegedly murdered in March by her ex-boyfriend, 34-year-old Aaron Romo, inside of his Anaheim apartment.
Romo's case was assigned to Judge Ferguson.
"I couldn't believe it. I couldn't believe it," Caceros said. "I was freaking out. I'm not going to lie. I was stressed out. I was like, 'Oh my god. I need to make phone calls. I need to see what's going on. How is this going to affect her case? Are we going to be able to move forward?'"
Ferguson denied Romo bail during a hearing in May.
Mom of OC woman killed 'sensed something was wrong' before daughter's death
Caceros said, "He allowed us to express ourselves, to give our statement. The defense was like this isn't trial, we shouldn't have any statements but he was like, 'No, I want to hear them out.' That to me was like, 'Thank you.' That played a big role in his decision."
"'Til this day I still appreciate that man for what he did because I felt like he brought some justice to my sister."
Benjamin Arsenian represents Mirelle's family and says he's worked closely with Judge Ferguson.
"There's always, I think in a case like this, unexpected twists and turns," Arsenian said. "I don't think anyone could have anticipated this sort of thing happening. It's shocking to the entire legal community."
He said Romo's case is being reassigned to another judge and hopes there won't be any unexpected delays because of that.
"I hope it still pushes forward to a preliminary hearing and ultimately, if need be, a trial. And that's she's able to obtain justice for her family," Arsenian said.
Caceros says no matter what judge is assigned to Mirelle's case, her family plans to be in the courtroom for every hearing until they gets justice.
Romo is due back in court later this month.