This morning at 9:30, the Court of Appeal for the Sixth Appellate District will hear oral argument in County of Santa Clara v. Superior Court (ARCO), no. H031540. In this case, the issue is whether a public prosecutor may hire private outside counsel to represent it on a contingency-fee basis. Barry Barnett of Blawgletter has an interesting post on some of the practical ramifications of the case.
I'm planning to attend the argument and will provide a report most likely tomorrow. Meanwhile, here are the trial court's order and some of the appellate briefs:
Petition for Writ of Mandate (filed 05/11/07)
Return by Real Parties in Interest to Petition for Writ of Mandate (filed 07/30/07)
Petitioners' Reply to Real Parties' Return (filed 08/20/07)
Amicus Curiae Brief of the Association of California Water Agencies (filed 08/29/07)
Amicus Curiae Brief of American Chemistry Council (filed 09/10/07)
Real Parties' Response to Amici Curiae Briefs of (a) Association of California Water Agencies and (b) Public Justice, P.C., Healthy Children Organizing Project, and Western Center for Law and Poverty (filed 09/13/07)
Many thanks, again, to Santa Clara County Counsel Ann Miller Ravel for providing copies of these briefs.