(Photo Lassen County Times)
This is a code given to me by a local attorney. It is also the code mentioned in a potential litigation against the County, unless the County can prove Mr. Marcus is qualified.
2016 California Code
Government Code - GOV
TITLE 3 - GOVERNMENT OF COUNTIES
DIVISION 2 - OFFICERS
PART 3 - OTHER OFFICERS
CHAPTER 13 - Public Defender
Section 27701.
27701. A person is not eligible to the office of public defender unless he has been a practicing attorney in all of the courts of the State for at least the year preceding the date of his election or appointment.
Since the poorly written County Press Release has no middle initial or more details about the last employment on Mr. Marcus' resume; maybe that information could be provided so proper research can be done.
The issue of the panel not having a defense attorney was brought up to me by one of the applicants in an informal chat the day of the hiring. I did not pursue the issue because I wasn't asked to, it was just a remark in a conversation.
I had already written about the two local applicants, a while ago. Conflict Counsel's Mr. Kaleb Cockrum and Mr. Greg Elvine-Kreis.
Nothing in any other local media about the process, applicants or concerns, until recently.
It is no secret that with DA Maggie Fleming in charge, the defense is actually having to work for those plea deals and do their jobs.
Weeks after Mr. Marcus was hired, both the North Coast Journal and Lost Coast Outpost, did articles on concern by "some". They only quoted defense attorney Jeffrey Schwartz. A whole bunch of citing general info, some concerns with no evidence by anonymous critics and no real investigation.
Despite the rest of the local media jumping on the bandwagon now to cover courts more, the local press still has no clue about the inside politics or dynamics of the Humboldt Superior Court.
Not only are many of the private defense attorneys and public defenders cliquey, you have a mother and daughter working for the public defender as investigators, many chummy with private defense attorneys. That is one example.
Humboldt has an issue with outsiders challenging the in bred status quo and power dynamic. And a local media too afraid to take on the people stopping progress, both on the left and the right.
These so called investigative articles are often ideas fed to certain media and what to look for, just as what to write was often fed to them when Paul Gallegos was in office. Even now, after court, certain reporters get so called scoops, stuff explained to them. Anyone can cover any topic and sound intelligent if you have it handed to you.
I spoke with Supervisor Rex Bohn yesterday and told him I was looking into this topic and would contact him for follow up interview, if necessary. Other Supervisors were not available yesterday.
Supervisor Bohn raised some questions that deserve answers. "Why didn't any of the applicants raise this issue (about panel) while being interviewed? Why wait five weeks after not getting the job to bring this up? Give the guy a chance."
Feb 9, 2017
David Marcus hired as Public Defender for Humboldt County, he fills in Kevin Robinson's position
The Humboldt County Board of Supervisors on Tuesday appointed David Marcus to the position of Public Defender. Marcus replaces Kevin Robinson, who retired from the county in December.
Marcus has previous experience as the Lassen County Public Defender for seven years, and 13 years of service as Deputy Public Defender with the County of San Bernardino. In addition to his Doctor of Juris Prudence, Marcus has a Master of Public Administration and brings a wealth of education along with his years of experience in Public Defense.
There were a number of highly qualified applicants for this position and the county would like to thank all who applied. The county would also like to thank former Public Defender Kevin Robinson for his years of service.
Good questions. Sounds like wheels within wheels...Happy hunting!
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