SECTIONS 27640-27648 - California Statutes

GOVERNMENT CODE

SECTION 27640-27648

27640. In any county a county counsel may be appointed by the board
of supervisors.

27641. The county counsel shall serve for four years from the time
of his appointment and until his successor is appointed, subject to
the following:
(a) He may be removed at any time by proceedings under Article 3
(commencing at Section 3060) of Chapter 7 of Division 4 of Title 1 of
the Government Code.
(b) He may be removed at any time by the board of supervisors for
neglect of duty, malfeasance or misconduct in office, or other good
cause shown, upon written accusation to be filed with the board of
supervisors, by a person not a member of the board, and heard by the
board and sustained by a three-fifths vote of the board. When an
accusation has been so filed with the board, the board may direct the
district attorney to investigate and present the accusation or may
employ private counsel for that purpose. All testimony before the
board shall be under oath or affirmation administered by the board.
The board is hereby vested with the power to compel the attendance of
witnesses and the production of books, papers and testimony and
shall make such processes available to the accused. A copy of the
accusation shall be personally served upon the accused and he shall
be given not less than 10 days' time in which to file a written
answer to the accusation. If, after hearing, it appears to the
satisfaction of the board that the accusation has been substantiated,
the board shall so notify the accused by mail. Such notice shall
specifically state the findings and judgment of the board, and the
board shall thereupon forthwith remove the accused from office and
shall immediately appoint his successor.

27641.1. The residence qualifications for eligibility to a county
or district office, required by Section 24001, may be waived by the
board of supervisors as to any candidate or applicant for the office
of county counsel in such county.

27642. Whenever the board of supervisors appoints a county counsel
pursuant to this chapter, he shall discharge all the duties vested by
law in the district attorney other than those of a public
prosecutor.

27643. The board of supervisors may by ordinance require that the
county counsel shall act as attorney for the public administrator in
all estates in which he or she is executor, administrator with the
will annexed, or administrator, where he or she has priority for
appointment as established by law, including all cases under Section
7660 of the Probate Code. However, in the case of a noncharter county
or a charter county where there is no conflict with the county
charter, the public administrator may employ private counsel (a) in
those estates in which he or she is nominated and would not otherwise
have priority, (b) for those estates in which he or she is appointed
administrator with the will annexed, or administrator pursuant to
Chapter 4 (commencing with Section 8400) of Division 7 of the Probate
Code, and (c) in those estates in which he or she is appointed
administrator with the will annexed for the reason the executor
nominated in the will has refused to serve. In those matters where
the county counsel furnishes representation the county counsel shall
collect the attorney's fees allowed by law and pay them into the
county treasury.

27644. The board of supervisors shall furnish the county counsel
with such assistants as will enable him to perform properly the
duties of his office.

27645. Subject to Section 26520, the county counsel shall represent
and advise the officers and employees of special districts organized
within the county and shall have exclusive charge and control of all
civil actions and proceedings in which special districts, their
officers or employees are concerned or are parties when:
(a) The governing board of the special district requests the
county counsel to so act;
(b) The governing board of the special district is composed in
whole or in part of persons who are also members of the county board
of supervisors; and
(c) No specific provision is made in the law under which the
special district is organized for the district to obtain legal
services.

27646. Upon designation by the board of supervisors pursuant to
Section 5114 of the Welfare and Institutions Code, the county counsel
shall represent the county in proceedings under Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code.

27647. (a) If requested so to do by the superior court of the
county of the county counsel, or by any municipal court in such
county, or by any judge thereof, and insofar as such duties are not
in conflict with, and do not interfere with, other duties, the county
counsel may represent any such court or judge thereof in all matters
and questions of law pertaining to any of such judge's duties,
including any representation authorized by Section 68111 and
representation in all civil actions and proceedings in any court in
which with respect to the court's or judge's official capacity, such
court or judge is concerned or is a party.
(b) This section shall not apply to any of the following:
(1) Any criminal proceedings in which a judge is a defendant.
(2) Any grand jury proceedings.
(3) Any proceeding before the Commission on Judicial
Qualifications.
(4) Any civil action or proceeding arising out of facts under
which the judge was convicted of a criminal offense in a criminal
proceeding.

27648. If, because of a declared conflict of interest, any judge,
who is otherwise entitled to representation pursuant to Section 825,
995, or 27647, is required to retain his own counsel, such judge is
entitled to recover from the appropriate public entity such
reasonable attorney's fees, costs, and expenses as were necessarily
incurred thereby.