County of Madera v. Gendron

We are called upon to adjudge the constitutionality of Government Code section 28135 insofar as it prohibits the District Attorney of Madera County from engaging in the private practice of law and to determine, if he does so, whether the county may lawfully withhold his salary. We shall point out why we have concluded that Government Code section 28135 is valid, but that the county should not withhold the district attorney’s salary because of his failure to observe the section. We likewise set forth our reasons for holding that the action has not become moot.

The County of Madera brought this…