Drakes Bay Oyster Co. v. California Coastal Commission

Common law policy of separating an administrative agency’s prosecutorial staff from its lawyers advising the agency applies only to quasi-judicial proceedings before the administrative agency itself, and not to regular court actions.  Morongo Band of Mission Indians v. State Water Resources Control Bd. (2009) 45 Cal.4th 731 and similar decisions requiring a separation of an administrative agency’s prosecutorial staff from its lawyers advising the agency apply only to quasi-judicial proceedings before the administrative agency.  When the agency sues or is sued in court, however, the staff is free to advise the agency without regard to any separation of prosecutorial from other functions.

California Court of Appeal, First District, Division 2 (Stewart, J.); October 28, 2016; 2016 WL 6311625

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