The county won one battle today in its defense of Public Defender David Marcus’ qualifications for the job, but the victory could be short-lived.

This morning visiting Judge Marjorie Carter agreed with the county’s claim that not enough facts had been alleged to justify the lawsuit filed by Eureka attorney Patrik Griego. But Carter also said that if more information is presented, she is inclined to let the case go forward.

That information could be revealed on Monday, when Marcus must give a legal deposition on his past legal experience.

At issue is a 1921 California statute that states a public defender must have been “a practicing attorney in all the courts of the state for at least the year preceding the date of his election or appointment.”

The county interprets “all the courts” as meaning courts in all 58 counties, which would be impossible, while Griego contends “all the courts” simply means criminal and civil court.

Marcus, hired in February, had been working as an insurance adjuster in Florida before he took the top job in the Public Defender’s Office. But he says he was also doing contract work for a law firm in Walnut Creek.

During arguments this morning, county attorney Jeff Blanck said the county’s position is that one must only be a practicing attorney to qualify for the public defender’s job.

“Has Mr. Marcus been a practicing attorney?” Blanck asked. “What does practicing attorney mean?”

It means, Blanck said, giving legal advice and counsel, “even if the matter doesn’t go to court.”

“… It’s our position that you don’t have to set foot in a courtroom to be a practicing lawyer,” he said. He later added that “doing other work besides attorney’s work I don’t think disqualifies him.”

Blanck said Marcus passed the California bar exam and was doing volunteer work for the California law firm.

Griego disputed that.

“We do not at all acknowledge that he was working for a law firm in California while working as an insurance adjuster in Florida,” Griego said. In the year preceding his hiring, Griego said, Marcus “hadn’t practiced law in California, period.”

Outside the courtroom, Griego said he’s confident that after Marcus is deposed, it will be apparent he doesn’t meet the qualifications.

“This idea that he worked for his friend’s law firm is made up,” Griego said. Representatives of the law firm have already said they have no proof that Marcus ever worked there.

Griego said that once he gathers more facts, he will submit an amended petition to the court.

Marcus attended the hearing this morning but left immediately afterward and could not be reached for comment.

Although his recent legal work is in question, Marcus was the Lassen County public defender for six controversial years and a deputy public defender in San Bernardino for 13 years.

According to Griego, Marcus hasn’t worked as a lawyer in California since he left the Lassen County job in 2011.

After his hiring in Humboldt County, all of the attorneys in his office signed letters saying he is incompetent. Many of Marcus’ employees attended the hearing today.

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