Section 41805 Of Chapter 7. City Attorney From California Government Code >> Division 3. >> Title 4. >> Part 3. >> Chapter 7.
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) 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) 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) 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) This section shall not preclude any city from limiting or
prohibiting the private practice of any attorney it retains or
employs.