Humboldt County Public defender's qualifications to be ruled on Dec. 13

By Will Houston, Eureka Times-Standard
POSTED: 11/13/17, 2:34 PM PST | UPDATED: 1 MIN AGO

A Humboldt County Superior Court visiting judge's interpretation of a
70-year-old state law next month could determine whether county
Public Defender David Marcus was qualified for the job when he was
appointed in February.

"Bottom line, we're going to have to determine what the statute
means," visiting Judge Marjorie Carter said Monday in court.

Attorneys on both sides have been directed to submit their factual
arguments in writing by early December in preparation of Carter's
ruling scheduled to take place Dec. 13.

Whether Marcus keeps his job comes down to Carter's interpretation of
California Government Code Section 27701, which reads, "A person is
not eligible to the office of public defender unless he has been a
practicing attorney in all of the courts of the state for at least
the year preceding the date of his election or appointment."

Eureka-based private attorney Patrik Griego filed a civil lawsuit in
March claiming this law proves Marcus was not qualified for the
public defender position.

The county Board of Supervisors hired Marcus in February following
the retirement of Kevin Robinson at the end of 2016. The decision
prompted nine deputy district attorneys in March to call the Board of
Supervisors to remove Marcus from the office, claiming he was not
qualified to hold the position.

In a deposition in August, Marcus said he provided advice for a
California-based law firm Cella, Lange & Cella LLP on a contract
basis from his home office in Florida during the year before his
hiring. Marcus by his own admission said he had not stepped into a
California courtroom since 2012 prior to his hiring, according to
Griego's lawsuit.

A deposition in August stated Marcus had only provided advice for
Cella, Lange and Cella from his home office in Florida. Griego
previously said that Marcus, despite claiming to have worked as a
consultant, could not provide any evidence he worked for them in the
previous year.

The County Counsel's Office is arguing that Marcus' appointment was
legal because Marcus was licensed to practice in all California
courts during the year preceding his hiring.

At Monday's hearing, attorneys on both sides argued about when the
court should make a final decision on the case. Griego said the
county is intentionally trying to delay the case until February 2018
when Marcus will have one full year of in-court work. Griego has
argued that this will make his claims moot and allow the county to
rehire Marcus.

"This appears to be in an effort to delay the case to the point where
they can appoint Mr. Marcus after has practiced all courts preceding
his appointment," Griego said Monday.

Humboldt County Counsel Jeffrey Blanck said Monday that they are
working to vet the claims made in Griego's lawsuit including
interviewing the individuals making claims against Marcus'
qualifications and assessing their credibility. Blanck described some
of the claims that Marcus has caused "irreparable harm" to the Public
Defender's Office a "cloud hanging over the office" and that some of
claims were based on beliefs rather than factual knowledge.

Blanck argued that Griego's push for a final ruling is because he
doesn't want the county to finish its review of the evidence and testimony.

"Apparently [Griego] completed his but he doesn't want us to complete
ours," Blanck said.

After the arguments, Carter said that what the case comes down to is
how to interpret the state law and that the rest of the arguments are
"sort of in the backyard."

Blanck and Griego were directed to submit their arguments on the
law's interpretation and to include facts to back up their claims by
Dec. 7. Both sides are able to submit rebuttals to these arguments by
Dec. 13, with Carter set to make a final ruling Dec. 13.

"We're gonna have to apply facts so you might as well be ready," Carter said.

Some former and current Public Defender's Office employees were in
the courtroom for the hearing.
http://www.times-standard.com/general-news/20171113/public-defenders-qualifications-to-be-ruled-on-dec-13