Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS has requested this office to grant leave to sue in quo warranto upon the following question: Did Henry Duque forfeit his office as a member of the California Public Utilities Commission when he purchased 700 shares of stock of a communications company subject to regulation by the commission? CONCLUSION Whether Henry Duque forfeited his office as a member of the California Public Utilities Commission when he purchased 700 shares of stock of a communications company subject to regulation by the commission presents a substantial issue of law that warrants judicial resolution. ANALYSIS On April 3, 1995, Henry Duque ("defendant") was appointed by the Governor to fill an unexpired term on the California Public Utilities Commission ("Commission"). On December 17, 1996, the Governor appointed defendant to a six-year term on the Commission. On September 12, 1997, defendant's full-term appointment was confirmed by the Senate. On May 12, 1999, defendant purchased 700 shares of stock in Nextel Communications, Inc. ("Nextel"). On January 21, 2000, defendant sold 100 shares…