Judge slams county counsel's 'obvious conflict of interest' in opposing a suit seeking use-of-force records

LOS ANGELES - A Los Angeles County Superior Court judge is calling on the county to show that it is acting ethically and professionally in a lawsuit by the L.A. County Sheriff Civilian Oversight Commission seeking Sheriff's Department records related to three use-of-force incidents. In a five-page tentative ruling on Aug. 24, Judge Jerrold Abeles criticized an "obvious conflict of interest" and "a shocking breach of an attorney's ethical duties to a client" - namely the oversight body - by the county counsel's office. The following day, the court set a Sept. 17 date for a hearing on an order to show cause "regarding whether the County Counsel has a conflict of interest, and should be ordered to appoint independent counsel for the" Civilian Oversight Commission. On Friday, outside counsel for the county responded in a court filing, writing that "no conflict exists" and that it and the county counsel "have acted appropriately at all times and consistent with long-standing law." In February 2025, the Civilian Oversight Commission issued three subpoenas against the L.A. County Sheriff's Department for personnel records and other documents associated with an on-duty shooting and two beatings by sheriff's deputies. The Sheriff's Department has declined to release the unredacted records. The county counsel has argued that they can't be handed over because they are confidential, and that a "meet and confer" process between the county and Sheriff's Department unions must be completed before the documents can be provided. The Civilian Oversight Commission has said that such assertions are unfounded, and that state law and court precedent require its subpoenas to be upheld. In June, the oversight body filed the lawsuit against the Sheriff's Department asking for a judge to order the release of the withheld records. Hans Johnson, the commission's chairman, heralded the court's August ruling. "It is striking that the judge says you need to come answer in court for this deplorable conduct," Johnson said. "I was happily surprised that the truth of what we have been up against … was recognized by the court." Abeles called into question why the county counsel didn't obtain outside counsel for the oversight commission, a choice the ruling says raises "serious issues." He added that the "conduct raises questions about County Counsel's possible violation of" any of a list of rules of professional conduct. The county's outside counsel, Mira Hashmall of Miller Barondess, countered that state law mandates that counties reserve conflict counsel - essentially, outside attorneys hired to represent an entity due to a conflict of interest - for "specific officers" that "have their own statutory duties and authorities separate from a Board of Supervisors," such as the assessor or sheriff. Robert Bonner, an attorney for the Civilian Oversight Commission and its former chairman, said in a statement that the commission is pleased that it has the opportunity to make its case before a judge instead of leaving key decisions up to the county counsel. The Sheriff's Department declined to comment. In his ruling, Abeles denied motions to intervene filed by two Sheriff's Department unions, the Assn. for Los Angeles Deputy Sheriffs and the Los Angeles County Professional Peace Officers Assn. The latter said in a statement that "meaningful oversight does not require - and should not be used to justify - ignoring established collective bargaining obligations or the confidentiality and due-process protections afforded to County employees." The records the Civilian Oversight Commission seeks stem from three incidents. In 2020, a sheriff's deputy shot trade school student Andres Guardado, 18, in the back several times, killing him. The deputy wasn't charged in connection with the shooting. That same year, deputies severely beat Joseph Perez on a San Gabriel Valley street, leaving him in need of 30 stitches and staples in his face and head. The Sheriff's Department released a report saying Perez had punched and kicked deputies multiple times. In 2023, a Norwalk deputy beat 23-year-old teacher Emmett Brock, a transgender man, in a 7-Eleven parking lot after pulling him over for having an air freshener hanging from his rear-view mirror. The deputy ultimately pleaded guilty to a federal civil rights violation for excessive force. The oversight board doesn't have the power to independently issue the subpoenas, Hashmall said in a statement. "L.A. County Counsel's client is the Board of Supervisors, and the Civilian Oversight Commission, like every Board-created commission, is not authorized to act independently of the Board," the statement said. Six years ago, county voters approved a measure granting the commission subpoena powers. On Jan. 1, a new state law cleared the legal pathway for oversight bodies such as the Civilian Oversight Commission to review law enforcement agencies' confidential personnel records in closed session. In March, a California state appellate court ordered the Sonoma County Sheriff's Office to comply with a subpoena from an oversight entity for records related to a whistleblower inquiry. Copyright 2026 Tribune Content Agency. All Rights Reserved. This story was originally published September 7, 2026 at 3:07 PM.