Acity attorney is a position incity and municipal government in theUnited States. The city attorney is theattorney representing the municipality.[1]
Unlike adistrict attorney orpublic defender, who usually handles criminal cases, a city attorney generally handles civil cases, advising the city on legal matters and representing it in court.[2] City attorneys may advise city officials on a wide range of city business, ranging fromnuisances totax law tomunicipal annexations.[2] A city attorney also advises the city's legislative body (such as acity council) on the legality of proposed actions and assists in the drafting ofcity ordinances andresolutions.[2] In some jurisdictions, city attorneys also function asprosecutors, pursuing low-level criminal cases against persons charged with violating city ordinances, such as those relating topublic drunkenness,traffic violations,zoning andbuilding codes, and municipal health regulations.[2] In California, city attorneys have the power to seekgang injunctions in a civil proceeding inCalifornia state courts.[3][4][5]
The client of the city attorney is the city, and the city attorney is typically responsible to both themayor and thecity council. When the mayor and the city council disagree, or when city council members disagree among themselves, this can cause complexities,[6] such as the application and waiver of theattorney–client privilege.[7][8]
In some areas, the position of city attorney is a part-time position based on a retainer agreement, and city attorneys engage in the outsideprivate practice of law.[9] In some cities, the city attorney is elected, while in other cities, the city attorney is appointed. For example, in California, most large cities (includingSan Francisco,Los Angeles, andSan Diego) have elected city attorneys, while most of smaller cities appoint their city attorneys.[10] In some cities, the city attorney position is very powerful. For example, the elected position ofSan Francisco City Attorney is important due to the large array of duties associated with the office. Unlike all otherCalifornia counties, San Francisco is aconsolidated city-county, meaning that the San Francisco City Attorney handles legal duties in areas that would in other counties be the responsibility of the county counsel (such as county health and social services functions) as well as the duties of all California city attorneys (police and fire). The San Francisco city attorney is also unusually powerful because of the broad scope of properties and activities operated by the city and county government (including land ownership inSan Mateo County); for example, the city owns theSan Francisco International Airport,Crystal Springs Reservoir,Sharp Park Golf Course, San Francisco Employees' Retirement System, andPort of San Francisco.[11]