SECTIONS 26520-26530 - California Statutes

GOVERNMENT CODE

SECTION 26520-26530

26520. The district attorney shall render legal services to the
county without fee and may render legal services to school districts
and to other local public entities as requested. The district
attorney may charge a school district or other local public entity a
fee, not to exceed the total cost to the county, for the legal
services rendered.

26520.5. The district attorney or county counsel may, with the
approval of the county board of supervisors, provide legal services
to an association or nonprofit corporation which contracts with a
county for the operation of a county fair pursuant to the provisions
of Sections 25905 and 25906. Such association or nonprofit
corporation shall compensate the county for the services at a rate
which is mutually agreeable to both parties.

26521. The district attorney shall defend all suits brought against
the state in his or her county or against his or her county wherever
brought, and prosecute all recognizances forfeited in the courts of
record and, except as provided in Sections 1305 and 1306 of the Penal
Code, prosecute all actions for the recovery of debts, fines,
penalties, and forfeitures accruing to the state or his or her
county.

26522. Upon request of any board of education, board of school
trustees, or high school board, the district attorney may prepare all
the legal papers and forms necessary for the voting of school bond
issues within the county and may advise them in relation to school
bond issues. The district attorney may charge a board of education,
board of trustees, or high school board a fee not to exceed the total
cost to the county for those services.

26523. Upon request of the auditor or treasurer, the district
attorney shall defend or prosecute any action brought by or against
the auditor or treasurer for the purpose of testing the validity or
constitutionality of any act of the Legislature or of the board of
supervisors or of any order providing for the payment of any funds
held in the county treasury in those cases only where the interest of
the county is not adverse.

26524. Upon request of any judge of the superior or municipal
court, the district attorney shall appear for and represent the court
or judge if the court or judge in his or her official capacity is a
party defendant in any action.

26525. If the board of supervisors without authority of law orders
any amount paid as salary, fees, or for any other purposes and the
money is actually paid, or if any county officer draws any warrant in
his own favor or in favor of any other person without authorization
by the board or law and the warrant is paid, the district attorney
shall institute suit in the name of the county to recover the money
paid, and 20 percent damages for the use thereof. If the money has
not been paid on the order or warrants, the district attorney upon
receiving notice thereof shall commence suit in the name of the
county to restrain the payment. An order of the board is not
necessary in order to maintain the suits.

26526. The county counsel, or if none the district attorney, is the
legal adviser of the board of supervisors. The county counsel or if
none, the district attorney, shall attend its meetings, when
required, and shall attend and oppose all claims and accounts against
the county he or she deems unjust and illegal.

26527. The district attorney except for his own services shall not
present any claim, account, or demand for allowance against the
county nor in any way advocate the relief asked or any claim or
demand made by another.

26528. The district attorney may, and when directed by the board of
supervisors shall, bring a civil action in the name of the people of
the State of California to abate a public nuisance in his county.

26528.5. The board of supervisors of any county may authorize the
county counsel in lieu of the district attorney to file the petition
to remove or destroy neglected or abandoned plants or crops under
Chapter 7 (commencing with Section 5551) of Part 1 of Division 4 of
the Food and Agricultural Code.

26529. (a) In counties that have a county counsel, the county
counsel shall discharge all the duties vested in the district
attorney by Sections 26520, 26522, 26523, 26524, and 26526. The
county counsel shall defend or prosecute all civil actions and
proceedings in which the county or any of its officers is concerned
or is a party in his or her official capacity. Except where the
county provides other counsel, the county counsel shall defend as
provided in Part 7 (commencing with Section 995) of Division 3.6 of
Title 1 of the Government Code any action or proceeding brought
against an officer, employee, or servant of the county.
(b) Notwithstanding any other provision of law, the County Counsel
of the County of Solano may, and when directed by the board of
supervisors of that county shall, bring a civil action when the
county, or any of its officers, has a cause of action to abate a
public nuisance in the county. The County Counsel and the District
Attorney of Solano County have the concurrent right to bring an
action to abate a public nuisance pursuant to this subdivision.

26530. Unless otherwise designated by the board of supervisors
pursuant to Section 5114 of the Welfare and Institutions Code, the
district attorney shall represent the county in proceedings under
Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code.