Rivero v. Lake Cnty. Bd. of Supervisors
Annotate this CaseRivero was the elected sheriff of Lake County in 2011. He had been involved in an on-duty shooting while serving as a deputy. A year after Rivero became sheriff the district attorney announced that he had reopened the investigation, believing that Rivero had been untruthful, and informed Rivero of the intention to deem him a “Brady officer,” so that the district attorney would be obliged to inform any criminal defendant in a case in which Rivero might testify that he was subject to impeachment because of a finding that Rivero had provided false information in an official investigation. Rivero requested legal assistance from county counsel. County counsel responded that it could not represent either party in a dispute between county public officers, but recommended that Rivero be allowed to retain outside counsel at the county’s expense. The board of supervisors denied Rivero’s request. The trial court directed the county to provide independent legal counsel for Rivero pursuant to Government Code section 31000.6 for negotiations with the district attorney prior to the final decision. The court of appeal modified the decision, finding that Rivero’s right to independent counsel extends to a legal challenge to the designation as a Brady officer.
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