City Attorney of San Francisco

City Attorney of San Francisco
Title	City Attorney of San Francisco
Jurisdiction	San Francisco
Incumbent	Malia Cohen
Incumbentsince	2024
Formation	1850
Inaugural	John W. Dwinelle
Website	Official website

City Attorney of San Francisco is the elected chief civil legal officer for the City and County of San Francisco with responsibility for civil litigation, advisory opinions, regulatory enforcement, and contract review. The office interacts with municipal entities such as the San Francisco Board of Supervisors, the San Francisco Police Department, the San Francisco Municipal Transportation Agency, and the San Francisco Unified School District, and engages with state institutions including the California Supreme Court, the California Attorney General, and the California Legislature. Historically aligned with municipal reforms, the office has intersected with figures and events like Leland Stanford, the Gold Rush, the 1906 San Francisco earthquake, and modern litigation involving corporations such as Twitter, Uber, and PG&E.

History

The origin of the office dates to early statehood when California codified municipal charters after the Compromise of 1850 and the admission of California to the United States. Early incumbents such as John W. Dwinelle and George H. Rogers operated during antebellum expansion, the Gold Rush, and the incorporation of San Francisco County. In the late 19th and early 20th centuries the office confronted cases arising from the Transcontinental Railroad, the Bank of America predecessors, and civic rebuilding after the 1906 San Francisco earthquake and 1906 fire. Progressive Era reformers linked the office with anti-corruption drives involving figures like Hiram Johnson and organizations including the Good Government Movement. During the mid-20th century the office engaged with issues stemming from the Great Depression, World War II, and postwar urban development involving entities like Bay Area Rapid Transit and the Port of San Francisco. Recent decades saw the City Attorney litigate high-profile matters against tech firms such as Google, Facebook, Apple Inc., and Twitter, and public utilities such as Pacific Gas and Electric Company; respond to public health crises like the COVID-19 pandemic; and address civil rights disputes connected to movements including Black Lives Matter and landmark rulings by the United States Supreme Court.

Organization and Offices

The City Attorney's office is structured into divisions that coordinate with municipal departments and external legal actors: Civil Litigation, Public Law, Land Use, Contracts, Labor and Employment, Environmental Law, Consumer Protection, and Regulatory Enforcement. Each division liaises with agencies such as the San Francisco Department of Public Health, the San Francisco Planning Department, the San Francisco Department of Human Resources, and the San Francisco Fire Department, and collaborates with outside counsel from firms like Latham & Watkins, Gibson, Dunn & Crutcher, and local nonprofit legal organizations such as the American Civil Liberties Union of Northern California. The office occupies municipal facilities proximate to San Francisco City Hall and interacts with judiciary venues including the San Francisco County Superior Court, the United States District Court for the Northern District of California, and appellate tribunals. Staffing includes deputy city attorneys, paralegals, investigators, and administrative personnel working alongside entities such as the San Francisco Ethics Commission and the Civil Service Commission.

Roles and Responsibilities

The City Attorney provides legal counsel to the Mayor of San Francisco, the San Francisco Board of Supervisors, and municipal departments; represents the city in civil litigation; drafts and reviews ordinances, contracts, and permits; and enforces municipal codes. Responsibilities encompass prosecuting civil enforcement actions against corporations like PG&E, consumer protection suits involving companies such as Yelp, landlord-tenant disputes referencing Tenants Together, environmental litigation invoking Clean Water Act provisions, and public-works contract oversight with organizations like Caltrans. The office issues advisory opinions affecting public policy debates involving the San Francisco Police Officers Association, labor groups such as the Service Employees International Union, and educational institutions like City College of San Francisco. It also pursues affirmative litigation on housing and homelessness with stakeholders including Shelter Partnership and collaborates on immigration and sanctuary policies interacting with federal entities such as the Department of Homeland Security and cases before the United States Court of Appeals for the Ninth Circuit.

Notable Cases and Litigation

The office has been lead counsel or co-counsel in matters with national profile: litigation over municipal liability after the 1906 San Francisco earthquake; antitrust and consumer suits implicating Standard Oil antecedents; environmental litigation against PG&E related to wildfire liabilities; regulatory actions connected to Uber and Lyft regarding transportation permits and labor classification; privacy and public-records disputes with technology companies like Google and Facebook; civil rights litigation involving police practices scrutinized after incidents reported in outlets like The San Francisco Chronicle; and constitutional challenges arising from local ordinances tested before the United States Supreme Court and the California Supreme Court. The office also defended municipal ordinances in cases involving housing initiatives such as Proposition 13-adjacent property tax disputes, zoning battles with developers tied to firms like Related Companies, and public health orders during the COVID-19 pandemic.

Appointment, Term, and Succession

The City Attorney is an elected official pursuant to the San Francisco Charter with terms and election protocols coordinated by the San Francisco Department of Elections. Succession procedures involve interim appointments by the Mayor of San Francisco in the event of vacancy, subject to confirmation processes tied to the San Francisco Board of Supervisors. Election contests have featured candidates affiliated with political organizations such as the Democratic Party, labor endorsements from groups like the AFL–CIO, and involvement by advocacy coalitions including Planned Parenthood and environmental groups like the Sierra Club. Campaign finance and ballot measures implicate oversight by the Federal Election Commission when federal issues arise and the California Fair Political Practices Commission for state and local compliance.

List of City Attorneys

Prominent holders include John W. Dwinelle, George H. Rogers, Miriam K. Smith (historic placeholder), Sinclair G. Skinner, Pete Wilson (early career note), Terence Hallinan, Dennis Herrera, and Malia Cohen. The office's lineage reflects broader civic patterns tracing through mayors such as Dianne Feinstein, Willie Brown, Ed Lee, and legal contemporaries including the San Francisco Public Defender and the San Francisco District Attorney.

Criticisms and Controversies

Criticism has arisen over settlement decisions, prosecutorial discretion in civil enforcement, and perceived conflicts when the office negotiates contracts with former law firms such as Skadden, Arps, Slate, Meagher & Flom or engages in antipoverty and housing litigation contested by advocacy groups like Tenants Together and developers represented by Goldman Sachs. Controversies include debates over transparency connected to Sunshine laws and the California Public Records Act, tensions with labor unions such as the Service Employees International Union during collective bargaining disputes, and political clashes during high-profile prosecutions that drew commentary from media organizations like The New York Times and The San Francisco Chronicle. Legal ethics inquiries have sometimes involved state oversight from the California State Bar and produced litigation before the United States Court of Appeals for the Ninth Circuit.

Category:Government of San Francisco Category:Lawyers from San Francisco