Montgomery v. Superior Court

In People v. Rhodes (1974) 12 Cal.3d 180 [ 115 Cal.Rptr. 235 , 524 P.2d 363 ], the Supreme Court held that “as a judicially declared rule of criminal procedure a city attorney with prosecutorial responsibilities may not defend or assist in the defense of persons accused of crime.” (Id., at pp. 186-187 [citations and fn. omitted].) In each of the present proceedings, we are required to determine whether the Rhodes proscription applies where the criminal defense counsel involved is not a city attorney but the law partner of one; where the city which employs the partner has taken legislative action which purports to divest him of “prosecutorial responsibilities” in his role as its city attorney; and where the criminal defendant involved, acting with full knowledge of the Rhodes decision, has waived any effect thereof, as to him, and has affirmatively requested the trial court to permit defense counsel to represent him in his pending prosecution.

The petition in each of the present proceedings is for “Extraordinary Relief In The Nature Of Prohibition And/Or Mandamus.” Cleon W. Montgomeiy and Donald A. Sawyer filed as copetitioners in 1 Civil 35955; Bernard Renick McManus and…