SECTIONS 41801-41805 - California Statutes

GOVERNMENT CODE

SECTION 41801-41805

41801. The city attorney shall advise the city officials in all
legal matters pertaining to city business.

41802. He shall frame all ordinances and resolutions required by
the legislative body.

41803. He shall perform other legal services required from time to
time by the legislative body.

41803.5. (a) With the consent of the district attorney of the
county, the city attorney of any general law city or chartered city
within the county may prosecute any misdemeanor committed within the
city arising out of violation of state law. This section shall not be
deemed to affect any of the provisions of Section 72193.
(b) In any case in which the district attorney is granted any
powers or access to information with regard to the prosecution of
misdemeanors, this grant of powers or access to information shall be
deemed to apply to any other officer charged with the duty of
prosecuting misdemeanor charges in the state, as authorized by law.

41803.7. Whenever the city attorney is acting as a prosecutor in a
criminal case pursuant to any provision of law or under a city
charter, he shall have the power to issue subpoenas in a like manner
as the district attorney.

41804. The city attorney shall receive such compensation as is
allowed by the legislative body.

41805. (a) No city attorney who does not, in fact, exercise
prosecutorial responsibilities on behalf of the city or cities by
which he is employed shall 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 is employed, provided that:
(1) The city or cities by which he is employed expressly relieve
him 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
attorney's position as a city attorney.
(b) Where the above provisions are met, no partner or associate of
a city attorney shall be prevented from defending or assisting in
the defense of, or acting as counsel for, any person accused of any
crime except for violations of any ordinance of the city or cities by
which his partner or associate is employed as a city attorney.
This section shall not preclude any city from limiting or
prohibiting the private practice of any attorney it retains or
employs.