Phillips

Plaintiff taxpayers appeal after a court trial from a judgment upholding the validity of a contract entered into between the County of Butte and intervener Jerome E. Warren for the rendition of legal services by Warren to certain indigent defendants in criminal matters, indigent juveniles and conservatees in need of and entitled to legal assistance at public expense. The judgment further ordered the defendant, F. H. Seely, Jr., as Auditor of Butte County to pay warrants to Warren pursuant to the contract.

Plaintiffs contend on appeal:

Defendants contend that the appeal is moot and since plaintiffs failed to comply with Code of Civil Procedure sections 860-870, they are precluded from challenging the validity of the contract.

Facts

In early May of 1971, a news article attributable to the County Administrator of Butte County indicated the existence of a problem of providing funds for court-appointed counsel for indigent persons in Butte County. As a result of this article, Warren discussed the matter with Jack McKillop, a member of the Butte County Board of Supervisors. McKillop suggested that Warren submit a proposal regarding legal services, an idea in which John…