LAKE COUNTY — A judge ruled Tuesday that the county is not responsible for paying for Sheriff Frank Rivero”s legal fees related to his lawsuit against the district attorney, which was thrown out last week.
Visiting Judge Richard J. Henderson clarified his original August ruling in Rivero”s suit against the Board of Supervisors (BOS), writing that at the time, he intended to provide the sheriff with county-funded legal counsel only related to District Attorney Don Anderson”s then-pending “Brady list” determination.
Anderson formally categorized Rivero as a “Brady officer” — a law enforcement official with a documented history of untruthfulness in official matters — after determining in February that Rivero lied in the wake of a 2008 on-duty shooting.
Rivero, who like Anderson was elected to a first term in 2010, denied the untruthfulness allegation and filed a lawsuit challenging the DA”s inquiry and finding.
The sheriff argued Henderson”s Aug. 27 ruling and Nov. 1 judgment provided him with the right to have attorneys funded by the taxpayers to battle the DA in court over what he claimed was an insufficient, incorrect and politically motivated decision by Anderson.
Some county supervisors disagreed with the funding assertion, and the BOS directed the County Counsel”s Office to file a motion for clarification to figure out the extent of the county”s financial obligations.
Attorneys for Rivero and the county argued the matter before Henderson May 7 — about a half-hour after retired Butte County Judge William P. Lamb struck the sheriff”s entire civil complaint against the DA.
Henderson”s ruling, filed Tuesday, outlined that his original intent was to provide the sheriff with legal counsel “in the consultative discussions then proposed by the District Attorney about whether or not the District Attorney would place (Rivero”s) name on the ”Brady list.””
“The court did not intend to order respondent Board of Supervisors to provide any conflict representation to (Rivero) at any point after whatever listing determination was eventually made,” Henderson wrote.
The judge also denied the sheriff”s request for the county to cover attorney fees through May 7.
Attorney Paul R. Coble, who represented Rivero at the hearing, said the subsequent legal action against the DA was made in good faith based on the sheriff”s understanding that the county was ordered to cover all attorney costs related to the “Brady” determination.
Requests for comment made to Rivero and his attorneys were not returned as of 10:30 a.m. Wednesday. County Counsel Anita Grant declined to comment.
This story will be updated as more information becomes available.
