JONES & MAYER Successful in Rivero v. Lake County Board of Supervisors
The California Court of Appeal unanimously ruled in favor of a Sheriff’s right to independent counsel pursuant to Gov. Code Section 31000.6, for the duration of the underlying issue being contested, when a conflict prevents the county counsel from serving as the Sheriff’s attorney.
Martin Mayer and Jim Touchstone represented the former Sheriff of Lake County and sued the board of supervisors when, after nine months of representing the Sheriff, the County petitioned the superior court to cut off those legal services. The superior court judge ordered representation to end stating that he meant to cut if off after a limited period of time despite the fact that the litigation was still being pursued.
The Court of Appeal, in a published decision, held that once the decision was made that the Sheriff was entitled to be represented, neither the board of supervisors, nor the superior court has the right to terminate such representation until the underlying matter was resolved.