Spielbauer v. County of Santa Clara

Opinion

BAXTER, J.

Plaintiff, a deputy public defender, was investigated by his employer, the county, upon allegations that he had made deceptive statements to the court while representing a criminal defendant. During each of several attempts to interview plaintiff in the matter, a supervising attorney directed plaintiff to answer questions about the incident, told plaintiff that his refusal to cooperate would be deemed insubordination warranting discipline up to and including dismissal, but advised plaintiff—accurately—that no use in a criminal proceeding (i.e., criminal use) could be made of…