BILL NUMBER: AB 1579	CHAPTERED  07/05/01

	CHAPTER  41
	FILED WITH SECRETARY OF STATE  JULY 5, 2001
	APPROVED BY GOVERNOR  JULY 4, 2001
	PASSED THE ASSEMBLY  JUNE 25, 2001
	PASSED THE SENATE  JUNE 21, 2001
	AMENDED IN SENATE  JUNE 18, 2001
	AMENDED IN ASSEMBLY  MAY 15, 2001

INTRODUCED BY   Assembly Member Kehoe

                        FEBRUARY 23, 2001

   An act to amend Section 31000.6 of the Government Code, relating
to counties.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1579, Kehoe.  County sheriffs.
   Existing law provides a specified procedure that requires the
county board of supervisors , upon the request of the county
assessor, to contract with and employ legal counsel to assist the
assessor in the performance of his or her duties in any case where
the county counsel or the district attorney would have a conflict of
interest in representing the assessor.
   This bill would revise this procedure and extend these provisions
to requests by the county sheriff .  It would also define conflict of
interest based on a specified standard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31000.6 of the Government Code is amended to
read:
   31000.6.  (a) Upon request of the assessor or the sheriff of the
county, the board of supervisors shall contract with and employ legal
counsel to assist the assessor or the sheriff in the performance of
his or her duties in any case where the county counsel or the
district attorney would have a conflict of interest in representing
the assessor or the sheriff.
   (b) In the event that the board of supervisors does not concur
with the assessor or the sheriff that a conflict of interest exists,
the assessor or the sheriff, after giving notice to the county
counsel or the district attorney, may initiate an ex parte proceeding
before the presiding judge of the superior court.  The county
counsel or district attorney may file an affidavit in the proceeding
in opposition to, or in support of, the assessor's or the sheriff's
position.
   (c) The presiding superior court judge that determines in any ex
parte proceeding that a conflict actually exists, must, if requested
by one of the parties, also rule whether representation by the county
counsel or district attorney through the creation of an "ethical
wall" is appropriate.  The factors to be considered in this
determination of whether an "ethical wall" should be created are:
(1) equal representation, (2) level of support, (3) access to
resources, (4) zealous representation, or (5) any other consideration
that relates to proper representation.
   (d) If a court determines that the action brought by the assessor
or sheriff is frivolous and in bad faith, the assessor's office or
sheriff's office shall pay their own legal costs and all costs
incurred in the action by the opposing party.  As used in this
section, "bad faith" and "frivolous" have the meaning given in
Section 128.5 of the Code of Civil Procedure.
   (e) If the presiding judge determines that a conflict of interest
does exist, and that representation by the county counsel or district
attorney through the creation of an ethical wall is inappropriate,
the board of supervisors shall immediately employ legal counsel to
assist the assessor or the sheriff.
   (f) As used in this section, "conflict of interest" means a
conflict of interest as defined in Rule 3-310 of the Rules of
Professional Conduct of the State Bar of California, as construed for
public attorneys.