Sparks v. Kern County Bd. of Supervisors
Sparks served as the elected sheriff of the County of Kern (County) from 1991 through 2002. The County subsequently sued Sparks for alleged misconduct occurring while Sparks was in office. (Kern Co. Super. Ct. case No. 254074 [Case No. 254074].)
In July 2005, Sparks filed an ex parte application under Government Code[1]section 31000.6 for appointment of independent legal counsel to defend him in Case No. 254074, the misconduct action. (Kern Co. Super. Ct. case No. 255904 [Case No. 255904].) Sparks alleged that respondent, Kern County Board of Supervisors (Board), was required to provide him with a defense. The trial court denied Sparkss application on the ground that section 31000.6 did not apply to former sheriffs. Sparks appealed.
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