Mallett

I dissent.

This case does not arise under Government Code section 68073 1 and is, in any event, moot. The majority opinion avoids these difficulties by assuming them away.

First, on the substantive question, the opinion assumes the answer to the predicate question, whether petitioners, judges of the Stockton Municipal Court District (the Judges), were authorized by section 68073 to dismiss the district’s elected marshal (Croci) as court security officer. Section 68073 empowers a court to remedy the failure of a board of supervisors to provide it with supplies, facilities or attendants necessary for the conduct of its business, essentially matters of money within the board’s power to provide. (See Ex parte Widber (1891) 91 Cal. 367 [ 27 P. 733 ]; Los Angeles Co. v. Superior Court (1892) 93 Cal. 380 [ 28 P. 1062 ].) That is not what is at stake here.

The majority opinion asserts that section 68073 is applicable because the Board of Supervisors of San Joaquin County’s (Board) failure to remedy Croci’s refusal to provide the Judges with sufficient attendants for court security. However, the Judges did not seek funds from the Board to enable Croci to supply additional attendants for…

I. Introduction

Pursuant to Government Code section 68073, county boards of supervisors are to provide “suitable” rooms for holding superior, municipal and justice courts and “sufficient” attendants, equipment, furniture and supplies necessary for the transaction of the business of the court. 1 Petitioners, the *1858 municipal court judges of the Stockton Municipal Court, 2 concluded that the services of its then elected marshal, real party in interest Benvenuto “Nick” Croci, were inadequate and that he was not supplying the court with sufficient attendants for its needs. After notifying and making an unsuccessful request of the San Joaquin County Board of Supervisors (the Board), petitioners issued an order which relieved Croci of his responsibilities for court security. The order directed the sheriff to assume the duties of court security officer which included responsibility for filling vacant deputy marshal positions and assigning deputies to courtrooms. Croci filed an action for declaratory relief, contending that petitioners exceeded the scope of their authority under section 68073. Petitioners requested summary judgment, which the trial court denied.

Petitioners…

Gibson & Gibson and Richard J. Gibson for Real Party in Interest.

[Opinion certified for partial publication. [*] ]

OPINION

DAVIS, J. —

Pursuant to Government Code section 68073, county boards of supervisors are to provide "suitable" rooms for holding superior, municipal and justice courts and "sufficient" attendants, equipment, furniture and supplies necessary for the transaction of the business of the court. [1] Petitioners, the municipal court judges of the Stockton Municipal Court, [2] concluded that the services of its then elected marshal, real party in interest Benvenuto "Nick" Croci, were inadequate and that he was not supplying the court with sufficient attendants for its needs. After notifying and making an unsuccessful request of the San Joaquin County Board of Supervisors (the Board), petitioners issued an order which relieved Croci of his responsibilities for court security. The order directed the sheriff to assume the duties of court security officer which included responsibility for filling vacant deputy marshal positions and assigning deputies to courtrooms. Croci filed an action for declaratory relief, contending that petitioners exceeded the scope of their…