San Benito County’s legal defense team intends to finally end ongoing representation of Richard Scagliotti, the former county supervisor recently determined liable by a court for the use of his authority in favor of his own financial interest.
The local government’s legal contractor, according to its defense counsel, now has no choice but to legally abandon Scagliotti to avoid a conflict of interest.
The San Benito County Superior Court earlier this year found Scagliotti liable for voting against a project with which his firm was in competition for housing allocations. He also failed, according to the court, to report properties he owned during the years he served on the San Benito County Board of Supervisors.
The move by the county’s defense consultant arrives in the wake of legal judgment against Scagliotti, expected in court in the next weeks to address the proposed loss of legal representation. He could not be reached for comment Thursday by BenitoLink.
In a motion officially proposed earlier this month, a defense counsel said that “as a result of the court’s finding of an intentional violation of the Political Reform Act by defendant Richard Scagliotti, a conflict of interest has arisen necessitating defense counsel’s withdrawal from continued representation of Mr. Scagliotti.”
“Though a substitution of attorney form was sent to Mr. Scagliotti for signature, it has not yet been received back,” noted the legal filing. “This motion is being filed so as to allow Mr. Scagliotti sufficient opportunity to secure new representation to address the post-trial issues.”
The county counsel’s office provided no comment in response to a BenitoLink request. Rankin Stock Heaberlin, a law corporation that serves both Scagliotti and the county, declined comment on the continuing litigation in his defense, but confirmed filing the notice of motion for relief of representation.
“This motion refers to my firm’s conflict of interest in terms of legal representation,” said Sujata Reuter, an attorney with the county’s consultant. “It does not refer to the conflict of interest that the court found in its order. That refers to Mr. Scagliotti’s conflict of interest.”
The county’s legal arm, a team of consultants that successfully defended itself against previous allegations of a conflict of interest allegedly tied to Scagliotti, declined commenting on the apparent change of heart.
“The county is not a named defendant in that case,” said Reuter. “My firm is seeking to withdraw from further representation of Mr. Scagliotti.”
Scagliotti is backing a project to build hundreds of homes off Fairview Road in Hollister.