Alameda County Municipal Code Ch. 2.26 District Attorney Department

There is in the county a District Attorney Department, hereafter in the chapter referred to as the department.

(Prior admin. code § 5-8.01)

The executive officer of the department is the District Attorney, elected as provided in the Charter and state law. A person is not eligible to the office of District Attorney unless he has been admitted to practice in the Supreme Court of the state.

(Prior admin. code § 5-8.02)

The District Attorney is the public prosecutor and shall have all the powers and perform the duties prescribed by the State Constitution, state law, the County Charter, and ordinances not inconsistent therewith, which duties shall include, but not by way of limitation:

A. To attend the courts and conduct all prosecutions for public offenses;

B. To institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses;

C. When not engaged in criminal proceedings in the Superior court to attend upon the magistrates in case of arrest when required by them;

D. To attend before and give advice to the Grand Jury whenever cases are presented to it for its consideration;

E. To draw all indictments and information;

F. To perform all other duties required by law or ordinances not inconsistent therewith relating to prosecutions of public offenses.

(Prior admin. code § 5-8.03)

The District Attorney may be present at all inquests held by the Coroner when he has reason to believe a crime has been committed.

(Prior admin. code § 5-8.04)

Editor's note— Ord. No. 2018-13, § 1, adopted April 17, 2018, repealed § 2.26.050, which pertained to a family support division and derived from prior admin. code § 5-8.05.

Editor's note— Ord. No. 2018-13, § 1, adopted April 17, 2018, repealed § 2.26.060, which pertained to functions and duties and derived from prior admin. code § 5-8.06 and Ord. No. 96-75.

The District Attorney and the assistants, deputies or other attorneys employed in his office shall not personally engage in the private practice of law in or out of court, nor be interested directly or indirectly therein; provided that they may, without compensation and with approval of the District Attorney, act as attorney for themselves and their mothers, fathers, spouses, children, brothers and sisters in matters and cases which have not been assigned; and provided further that said assistants, deputies or other attorneys may, without compensation and with the approval of the District Attorney, render legal services on behalf of nonprofit religious, charitable, scientific, law enforcement or educational institutions or organizations, provided that there is no conflict of interest or impairment of office work involved in any of said legal services. The District Attorney may also without compensation in his private capacity as an attorney represent public districts, public boards, and public officers in their official and personal capacities and sureties on their bonds given in an official capacity whenever in the opinion of the District Attorney such representation is for the best interest of the public or the public service; and provided further that the District Attorney may appear without compensation as amicus curiae in matters and proceedings when in his opinion such appearance is for the best interest of the public or the public service.

(Prior admin. code § 5-8.07)