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Wells v. Municipal Court for Sacramento Judicial District of Sacramento County12/16/1981
es from statute upon court appointment or request by the defendant; the private attorney's duty arises from the contractual undertaking of representation.
In Safer v. Superior Court (1975) 15 Cal. 3d 230 [124 Cal. Rptr. 174, 540 P.2d 14], the court found the Ventura County District Attorney exceeded his powers by intervening "in a contempt proceeding stemming from private civil litigation in order to enforce an injunctive order granted at the behest of one of the litigants." (P. 235.) There was no authorization for the district attorney to so proceed, and the court held "that a court acts in excess of its jurisdiction when it permits a district attorney to disregard the statutory confines of his authority . . . ." (P. 233.)
The authority of the public defender is limited by law to act in a representative capacity upon request or order of the court, or request of a particular defendant under specified circumstances, and therefore he may not proceed in his official capacity, on his own initiative, to raise issues detached from the representation of a particular defendant. For the same reason we would be acting in excess of our jurisdiction were we to grant this petition. (See Safer v. Superior Court, supra, 15 Cal. 3d at p. 233.)
The stay is dissolved, the alternative writ of prohibition is discharged, and the peremptory writ is denied.
Disposition
The stay is dissolved, the alternative writ of prohibition is discharged, and the peremptory writ is denied.
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