Rivero

Plaintiff Francisco Rivero, the Sheriff of Lake County (Rivera or sheriff), filed a petition for writ of mandate to compel defendant Lake County Board of Supervisors (county or board of supervisors) to provide him with independent legal counsel in a dispute with the district attorney. The impetus of the request was the district attorney’s announced intention to designate Rivero as a Brady officer, the consequence of which would be that, if Rivero were called to testify in a criminal trial, the district attorney would be required to disclose to the defense that Rivero had previously provided false information in an official investigation. The court granted the writ and directed the county to provide independent legal counsel for Rivero pursuant to Government Code section 31000.6.

After the district attorney chose to designate Rivero as a Brady officer, the county moved to clarify and limit the court’s ruling providing Rivero with independent counsel. The court granted the motion and entered an amended judgment providing that the county’s obligation to provide Rivero with independent counsel extended only to discussions and negotiations with the district attorney prior to…