I dissent. The majority holds that it is contrary to public policy to appoint a part-time city attorney to represent an indigent criminal defendant. However sage such a rule may be as a procedure for the future it does not follow that the instant conviction, in which no actual prejudice, has been shown, must be reversed. On the contrary, I believe that in light of the evidence the retrial of this defendant will be an idle and judicially wasteful act.
The majority expresses concern for the “potentially debilitating effect” on the quality of legal assistance rendered by a part-time city attorney to criminal defendants. (Ante, p. 183; italics added.) It is conceded, however, that such representation, unlike other potential conflict of interest situations, is not prohibited by statute. (Ante, p. 183, fn. 3.) It is also conceded that the representation of defendant in the instant case “did not directly conflict with appointed counsel’s official duties as city attorney.”1 (Ante, p. 183.) Moreover the majority unhesitatingly states that its holding “should not be construed as adversely reflecting upon the quality of legal counsel provided by Mr. Clawson [defendant’s appointed counsel] in the instant case. To the contrary, the record demonstrates that Mr. Clawson competently represented defendant throughout all phases of the trial.” (Ante, p. 183, fn. 4.) Apparently the majority fears some undemonstrated but supposedly inherent reluctance on the part of any city attorney to engage in “an exhaustive or abrasive cross-examination” of police officer witnesses. (Ante, p. 184.) Such a reluctance might be expected if the defense attorney and the testifying police officers were all employed by the City of Hanford, but this is not our case. Here, no Hanford police were involved in defendant’s prosecution and the crime and arrest took place in other cities. The majority’s speculation that Hanford’s city attorney might be tempted to temper his advocacy to avoid a possible weakening of relationships with authorities elsewhere in the county is pure speculation and not grounds for reversal.
*189Although I agree that it is well to avoid hny potential conflict of interest and thus, that a city attorney or even part-time city attorney should not accept a defense assignment, I cannot say that the procedure has resulted in a miscarriage of justice (Cal. Const., art. VI, § 13; People v. Watson, 46 Cal.2d 818, 836 [299 P.2d 243]), and, therefore, would affirm the judgment of the trial court.
McComb, J., and Clark, J., concurred.Respondent’s petition for a rehearing was denied-September 12, 1974. McComb, J., Burke, J., and Clark, J., were of the opinion that the petition should be granted.
As city attorney the prosecutorial responsibilities of defendant’s appointed counsel were limited to violations of municipal ordinances and defendant was tried for a violation of state law. (Pen. Code, § 470 [forgery].)