In any county a county counsel may be appointed by the board of supervisors.
Other OfficersCounty Counsel
Section § 27640
The board of supervisors in any county has the authority to appoint a county counsel.
board of supervisors county counsel appointment county government
Section § 27641
The county counsel serves a four-year term after being appointed, but they can be removed at any time under certain conditions. They can be dismissed by legal proceedings detailed in another part of the law or by the board of supervisors if there's evidence of neglect, bad behavior, or other valid reasons.
To remove the county counsel, someone outside the board must file a written accusation with the board of supervisors. The board can choose to have the district attorney investigate or hire private legal help for this. The accused is notified and given at least 10 days to respond. The board conducts a hearing, and if they find the accusations valid, they can remove the county counsel by a three-fifths vote and appoint a new one immediately.
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)CA Government Code § 27641(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)CA Government Code § 27641(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.
county counsel removal four-year term board of supervisors
Section § 27641.1
This law allows the board of supervisors in a county to waive the requirement that a person must live in the county to be eligible for the position of county counsel.
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.
residence qualifications eligibility county office
Section § 27642
This law states that when the board of supervisors hires a county counsel, this person will take over all legal duties of the district attorney, except for those related to prosecuting criminal cases.
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.
board of supervisors county counsel duties of district attorney
Section § 27643
This law allows county boards of supervisors in California to decide if the county's legal representative, known as the county counsel, should act as the lawyer for the public administrator in estate cases where they have a legal right to be appointed. The public administrator is the person responsible for managing estates when there is no will or the executor can't serve.
In certain situations, the public administrator is allowed to hire a private lawyer. These situations include when they wouldn't naturally have the right to be appointed, when they take over as the administrator because the will's chosen executor refused, or if they are chosen because of their legal priority.
When the county counsel represents these estates, they collect legal fees that are then given to the county’s treasury.
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.
county counsel public administrator estate cases
Section § 27644
This law requires the county's board of supervisors to provide the county counsel with the necessary staff support to effectively perform his or her job duties.
The board of supervisors shall furnish the county counsel with such assistants as will enable him to perform properly the duties of his office.
board of supervisors county counsel assistants
Section § 27645
This law outlines when the county counsel is responsible for representing special districts within a county. The county counsel steps in if the special district's governing board asks for legal representation or if some members of this board are also on the county board of supervisors. Additionally, county counsel helps if the special district's founding law doesn't specify how to get legal services.
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)CA Government Code § 27645(a) The governing board of the special district requests the county counsel to so act;
(b)CA Government Code § 27645(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)CA Government Code § 27645(c) No specific provision is made in the law under which the special district is organized for the district to obtain legal services.
county counsel representation special districts special district legal services
Section § 27646
This law states that if the board of supervisors assigns them, the county counsel is responsible for representing the county in legal proceedings related to certain parts of the Welfare and Institutions Code starting at Section 5000.
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.
county counsel representation board of supervisors assignment Welfare and Institutions Code
Section § 27647
This law section states that a county counsel can represent a superior court or its judge in various legal matters if the Judicial Council asks and there are no conflicts with other duties. The representation covers legal questions and civil cases related to the judge's official role.
However, this representation does not apply to cases where the judge is a defendant in criminal proceedings, grand jury proceedings, actions before the Commission on Judicial Performance, or any civil case stemming from a criminal conviction of the judge.
(a)CA Government Code § 27647(a) If requested to do so by the Judicial Council, and insofar as these duties are not in conflict with, and do not interfere with, other duties, the county counsel may represent the superior court or a judge thereof in all matters and questions of law pertaining to any of the 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, the court or judge is concerned or is a party.
(b)CA Government Code § 27647(b) This section does not apply to any of the following:
(1)CA Government Code § 27647(b)(1) Any criminal proceedings in which a judge
is a defendant.
(2)CA Government Code § 27647(b)(2) Any grand jury proceedings.
(3)CA Government Code § 27647(b)(3) Any proceeding before the Commission on Judicial Performance.
(4)CA Government Code § 27647(b)(4) Any civil action or proceeding arising out of facts under which the judge was convicted of a criminal offense in a criminal proceeding.
county counsel representation superior court judge Judicial Council request
