Legal hair-splitting enabled appointment of David Brown even though he had only lived in the district for four days.
Most appalling was the legal hair-splitting that enabled Brown’s selection even though he had only lived in the county for four days. That’s right: Four days.
The foot-dragging has allowed Brown to already serve half the 14 months that remained on Chan’s term when she died. This case should be promptly put before a judge to determine the legitimacy of Brown’s appointment and, for future appointments, whether prior residency legally matters.When Chan died, Brown was living in Walnut Creek, in a house he and his wife had owned since 2010, and where they were raising their two daughters. Nine days later, he rented a one-bedroom apartment in Oakland.
Meanwhile, the challenge, led by the Alameda County Taxpayers’ Association, to the legitimacy of Brown’s appointment has been stymied because it can’t be brought directly to court. In California, disputing someone’s right to hold public office requires first seeking the blessing of the state attorney general. It’s a legal process calledIn this case, Bonta recused himself from review of the quo warranto application.
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