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PORTMAN v. COUNTY OF SANTA CLARA

No. 91-16743.

995 F.2d 898 (1993)

Sheldon PORTMAN, Plaintiff-Appellant, v. COUNTY OF SANTA CLARA; Bob Diridon, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

James McManis, McManis, Faulkner & Morgan, San Jose, CA, for plaintiff-appellant.

Allen Ruby, Morgan, Ruby, Schofield, Franich & Fredkin, San Jose, CA, for defendants-appellees.

Judith M. Schelly, Morrison & Foerster, San Francisco, CA, for National Legal Aid and Defender Ass'n, amicus curiae.

Margaret C. Crosby, ACLU, San Francisco, CA, for American Civil Liberties Union Foundation of Northern California, amicus curiae.

Ephraim Margolin, San Francisco, CA, for California Attorneys for Criminal Justice, amicus curiae.

Margaret Scully, Santa Monica, CA, for California Public Defenders' Ass'n, amicus curiae.

Before: CHOY, NOONAN, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We consider, among other things, whether a public defender has standing to challenge the constitutionality of a state statutory scheme that makes him an at-will employee on the ground that the scheme interferes with the Sixth Amendment rights of his clients.

I

Portman was employed as the Chief Public Defender of Santa Clara County from 1968 to 1986. Until the last year of his employment, he had received consistently high...

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