California Government Code

§ 41805

GOV § 41805 Effective Jan 1, 2015Div. 3 · Title 4 · Part 3 · Ch. 7

Statute text

(a)A city attorney who does not, in fact, exercise prosecutorial responsibilities on behalf of the city or cities by which he or she is employed shall not be precluded from defending or assisting in the defense of, or acting as counsel for, any person accused of any crime except for violation of any ordinance of the city or cities by which he or she is employed, provided that:

(1)The city or cities by which the city attorney is employed expressly relieve the city attorney of any and all prosecutorial responsibilities on its or their behalf; and

(2)The accused has been informed of and expressly waives any rights created as a result of any potential conflict created by his or her attorney’s position as a city attorney.

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Legislative history

Amended by Stats. 2014, Ch. 71, Sec. 77. (SB 1304) Effective January 1, 2015.