THOMAS SPIELBAUER, Plaintiff and Appellant,
v.
COUNTY OF SANTA CLARA et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
February 9, 2009.
February 9, 2009.
Attorney(s) appearing for the Case
Burnett, Burnett & Allen and Douglas B. Allen for Plaintiff and Appellant.
Michael D. Hersh, Beverly Tucker, Rosalind D. Wolf, Robert E. Lundquist, Brenda E. Sutton-Wills and John F. Kohn for California Teachers Association as Amicus Curiae on behalf of Plaintiff and Appellant.
Ann Miller Ravel, County Counsel, Lori E. Pegg, Lead Deputy County Counsel, and Marcy L. Berkman, Deputy County Counsel, for Defendants and Respondents.
Edmund G. Brown, Jr., Attorney General, David Chaney, Chief Assistant Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Miguel A. Neri, Fiel D. Tigno and Karen Huster, Deputy Attorneys General, as Amici Curiae on behalf of Defendants and Respondents.
Raymond G. Fortner, County Counsel (Los Angeles), Lester J. Tolnai, Assistant County Counsel, and Pirjo L. Ranasinghe, Deputy County Counsel, for County of Los Angeles as Amicus Curiae on behalf of Defendants and Respondents.
Kathleen M. Bales-Lange, County Counsel (Tulare), Ronald E. Rezac, Chief Deputy County Counsel, and Deanne H. Peterson, Deputy County Counsel, for California League of Cities, California State Association of Counties, California School Boards Association, Education Legal Alliance and California Public Employers Labor Relations Association as Amici Curiae on behalf of Defendants and Respondents.
Jan Scully, District Attorney (Sacramento) and Albert C. Locher, Assistant Chief Deputy District Attorney, for Sacramento County District Attorney as Amicus Curiae on behalf of Defendants and Respondents.
Jones & Mayer, Martin J. Mayer and Krista MacNevin for California State Sheriffs' Association and California Police Chiefs' Association as Amici Curiae on behalf of Defendants and Respondents.
Carroll, Burdick & McDonough, Ronald Yank, Gary M. Messing, Gregg McLean Adam, Jason H. Jasmine and Jennifer S. Stoughton for Peace Officers Research Association of California Legal Defense Fund as Amicus Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
OPINION
BAXTER, J.—
Plaintiff, a deputy public defender, was investigated by his employer, the county, upon allegations that he had made deceptive statements to the court while representing a criminal defendant. During each of several attempts to interview plaintiff in the matter, a supervising attorney directed plaintiff to answer questions about the incident, told plaintiff that his refusal to cooperate would be deemed insubordination...
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