Untitled California Attorney General Opinion

TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL

State of California

ROB BONTA

Attorney General _______________ : OPINION : No. 22-301 : of : April 7, 2022 :

ROB BONTA :

Attorney General : :

MARC J. NOLAN :

Deputy Attorney General :

MICHAEL SEAN WRIGHT, a registered voter and resident of Orange County and the Orange County Department of Education’s Fourth District, has applied to this office for leave to sue TIM SHAW in quo warranto to remove him from his public office as a member of the Orange County Board of Education representing the Department of Education’s Fourth District. The application asserts that the Board of Education invalidly appointed Shaw to a vacancy on the Board in violation of Government Code section 1752(a) and the common law prohibition against self-appointments.

We conclude that there is a substantial legal issue as to whether Shaw’s appointment to the Orange County Board of Education was lawful. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to…