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Committee backs shifting Murphy conservatorship representation to City Attorney
Summary
The committee recommended an ordinance to amend the Health Code so the City Attorney—rather than the District Attorney—represents the city in Murphy conservatorship proceedings for defendants found incompetent to stand trial with certain serious charges; the item was forwarded with a positive recommendation.
The Public Safety and Neighborhood Services Committee voted May 25 to recommend that the full Board approve an ordinance amending the Health Code to designate the City Attorney, rather than the District Attorney, to represent the city in judicial proceedings seeking Murphy conservatorships for people found mentally incompetent in certain criminal proceedings.
Jackie Thornhill, legislative aide to the sponsor, said the measure consolidates responsibility in the City Attorney's office for civil conservatorships and would resolve inefficiencies created by splitting conservatorship duties between the City Attorney and the District Attorney. Thornhill said the District Attorney's office "support[s] this ordinance." The presentation cited the state Welfare and Institutions Code and a reference to a state penal code provision applicable to defendants found incompetent to stand trial.
Members heard one in-person commenter who recounted a violent out-of-state case and raised broader safety concerns. Supervisor Dorsey, drawing on prior experience in the City Attorney's office, said she supported the change and moved that the ordinance be sent to the full Board with a positive recommendation. Vice Chair Angadio and Chair Stephanie joined Dorsey in voting aye; the committee recorded no opposition.
The committee forwarded the item to the Board of Supervisors for consideration on the June 6, 2023 agenda.
