(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.
(Amended by Stats. 2014, Ch. 71, Sec. 77. (SB 1304) Effective January 1, 2015.)
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