The city attorney shall advise the city officials in all legal matters pertaining to city business.
Other OfficersCity Attorney
Section § 41801
The city attorney's job is to give legal advice to city officials on anything related to the city's business.
city attorney responsibilities legal advice for city officials city legal matters
Section § 41802
The city attorney's job is to create any new laws or official decisions that the city government needs.
The city attorney shall frame an ordinance or resolution required by the legislative body.
city attorney duties drafting ordinances drafting resolutions
Section § 41803
The city attorney's job includes providing various legal services as directed by the city's legislative body whenever needed.
The city attorney shall perform other legal services required from time to time by the legislative body.
city attorney legal services legislative body
Section § 41803.5
This law allows city attorneys, with permission from the county's district attorney, to handle misdemeanor cases that occur within their city when these cases involve breaking state law. It ensures that any powers or information access granted to district attorneys for prosecuting misdemeanors are also available to other officials who are legally responsible for such prosecutions. This law does not change the existing rules in Section 72193.
(a)CA Government Code § 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)CA Government Code § 41803.5(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.
city attorney district attorney consent misdemeanor prosecution
Section § 41803.7
If a city attorney is prosecuting a criminal case, they can issue subpoenas just like a district attorney can.
Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
city attorney prosecutor criminal case
Section § 41804
The city attorney's salary is determined by the city's legislative body.
The city attorney shall receive such compensation as is allowed by the legislative body.
city attorney compensation legislative body decision salary determination
Section § 41805
A city attorney who doesn't actually handle prosecution tasks for their employing city can defend people accused of crimes, except when related to city ordinances, as long as certain conditions are met. First, their city must officially release them from any prosecution duties. Second, the accused must agree to any potential conflicts of interest. Additionally, colleagues of such city attorneys can also defend accused individuals, with the same exceptions for city ordinances. Finally, cities can choose to limit or stop any private legal practice by attorneys they hire.
(a)CA Government Code § 41805(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)CA Government Code § 41805(a)(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)CA Government Code § 41805(a)(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.
(b)CA Government Code § 41805(b) Where the above provisions are met, a partner or associate of a city attorney shall not 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 or her partner or associate is employed as a city attorney.
(c)CA Government Code § 41805(c) This section shall not preclude any city from limiting or prohibiting the private practice of any attorney it retains or employs.
city attorney defense prosecutorial responsibilities conflict of interest waiver
