State Water Resources Control Board v. Superior Court
Opinion
Opinion
Scotland, J.
In this water law action, the State Water Resources Control Board (the Board) seeks a writ of mandate to vacate the order of respondent superior court disqualifying the California Attorney General’s Office from further representing the Board because the Attorney General also is representing the Department of Fish and Game (DF&G) in the litigation.
The disqualification order was based on Water Code section 186 (hereafter section 186), which provides in part: “The Attorney General shall represent the board and the state in litigation concerning affairs of the board unless another state agency, represented by the Attorney General, is a party to the action. In such case the legal counsel of the board shall represent the board.”
As we will explain, respondent superior court correctly held that section 186 precludes the Attorney General from simultaneously representing the Board and DF&G, another state agency, in litigation concerning affairs of the Board. However, the court incorrectly concluded that DF&G may not choose to retain separate counsel, thus avoiding the prohibited dual representation.