City attorney
Acity attorneyis a position incity and municipal governmentin theUnited States.The city attorney is theattorneyrepresenting the municipality.[1]
Unlike adistrict attorneyorpublic defender,who usually handles criminal cases, a city attorney generally handles civil cases, advising the city on legal matters and representing it in court.[2]City attorneys may advise city officials on a wide range of city business, ranging fromnuisancestotax lawtomunicipal annexations.[2]A city attorney also advises the city's legislative body (such as acity council) on the legality of proposed actions and assists in the drafting ofcity ordinancesandresolutions.[2]In some jurisdictions, city attorneys also function asprosecutors,pursuing low-level criminal cases against persons charged with violating city ordinances, such as those relating topublic drunkenness,traffic violations,zoningandbuilding codes,and municipal health regulations.[2]In California, city attorneys have the power to seekgang injunctionsin a civil proceeding inCalifornia state courts.[3][4][5]
The client of the city attorney is the city, and the city attorney is typically responsible to both themayorand thecity council.When the mayor and the city council disagree, or when city council members disagree among themselves, this can cause complexities,[6]such as the application and waiver of theattorney–client privilege.[7][8]
In some areas, the position of city attorney is a part-time position based on a retainer agreement, and city attorneys engage in the outsideprivate practice of law.[9]In some cities, the city attorney is elected, while in other cities, the city attorney is appointed. For example, in California, most large cities (includingSan Francisco,Los Angeles,andSan Diego) have elected city attorneys, while most of smaller cities appoint their city attorneys.[10]In some cities, the city attorney position is very powerful. For example, the elected position ofSan Francisco City Attorneyis important due to the large array of duties associated with the office. Unlike all otherCalifornia counties,San Francisco is aconsolidated city-county,meaning that the San Francisco City Attorney handles legal duties in areas that would in other counties be the responsibility of the county counsel (such as county health and social services functions) as well as the duties of all California city attorneys (police and fire). The San Francisco city attorney is also unusually powerful because of the broad scope of properties and activities operated by the city and county government (including land ownership inSan Mateo County); for example, the city owns theSan Francisco International Airport,Crystal Springs Reservoir,Sharp Park Golf Course,San Francisco Employees' Retirement System, andPort of San Francisco.[11]
See also
[edit]References
[edit]- ^"City attorney".Merriam-Webster.Retrieved14 April2021.
- ^abcdFerdinand P. Palla,The Role of a City Attorney,2Santa Clara Lawyer171 (1962).
- ^Greg Ridgeway, Jeffrey Grogger, Ruth A. Moyer & John M. MacDonald,Effect of Gang Injunctions on Crime: A Study of Los Angeles from 1988–2014,Journal of Quantitative Criminology,vol. 35, pp. 517–541 (2019).
- ^Karen M. Hennigan & David Sloane,Improving Civil Gang Injunctions: How Implementation Can Affect Gang Dynamics, Crime, and Violence,Criminology & Public Policy,vol. 12, issue 1 (February 2013), pp. 7-41.
- ^Scott E. Atkinson,Note, The Outer Limits of Gang Injunctions,59 Vand. L. Rev. 1693 (2006).
- ^Brigham Smith,Who's the Boss? Deciding Who the Client is When You're a City Attorney,11 T.M. Cooley J. Prac. & Clinical L. 1 (2009).
- ^Jeffrey L. Goodman & Jason Zabokrtsky,The Attorney-Client Privilege and the Municipal Lawyer,48 Drake L. Rev. 655 (2000).
- ^Patricia E. Salkin,Beware: What You Say to Your (Government) Lawyer May Be Held Against You - The Erosion of Government Attorney-Client Confidentiality,35 Urb. Law. 283 (2003).
- ^Doyle W. Buckwalter & J. Ivan Legler,City Managers and City Attorneys: Associates or Adversaries?,Public Administration Review,Vol. 47, No. 5 (Sep.-Oct. 1987), pp. 393-403.
- ^David Garrick,San Diego may make city attorney job appointed instead of elected,San Diego Union-Tribune(March 13, 2020).
- ^Louise Renne,The Office of the City Attorney of San Francisco,47 Golden Gate U. L. Rev. 125 (2017).