City of Merced v. County of Merced

CONLEY, P. J.

This appeal is taken by the County of Merced and Pat Hallford, the Merced District Attorney, from a judgment in a declaratory relief action holding that the City of Merced, through its city attorney, does not have to prosecute violators of the general laws of the state. It should be emphasized that our decision herein is based upon the present laws of the state and the present provisions of the Charter of the City of Merced.

The City of Merced is a charter city by virtue of the statute enacted by the Legislature (Stats. 1949, (Senate Concurrent Resolution No. 53) ch. 126, p. 3159 et seq.); in section 603,

[765]

subdivision £, it provides that the city attorney shall: “Prosecute on behalf of the people such criminal cases for violations of this Charter, of City ordinances and of misdemeanor offenses arising upon violation of the laws of the State as in his opinion, or that of the City Council, or of the City Manager, warrant his attention; ...”

It is a conceded fact that there is no municipal court in the City of Merced, or in Merced County.

The judgment in the case contains the following provisions: “It is Hereby Ordered, Adjudged and Decreed as follows:

“1. That Section 603 (£) of the Charter of the City of Merced, California, does not require the City Attorney of said city, nor is he under the legal duty, to prosecute on behalf of the people misdemeanor violations of state law, occurring within the City of Merced.

“2. That the District Attorney of the County of Merced is required, and it is his legal duty, to prosecute on behalf of the people misdemeanor violations of state law occurring within the City of Merced.

“3. That the City Attorney of the City of Merced is required, and he is under the legal duty, to prosecute on behalf of the people misdemeanor violations of the city charter and city ordinances occurring within the City of Merced. ’ ’

Article XI, section 8, subdivision j, of the California Constitution provides in part as follows: “It shall be competent in any charter framed under the authority of this section to provide that the municipality governed thereunder