Cost Of Subpoenaed Peace Officer — Attorney May Be Liable For Reimbursing Public Agency.

Government Code section 68097.2 provides that when a peace officer is subpoenaed, “the party at whose request the subpoena is issued” must reimburse the public entity. In Maddox v. City of Costa Mesa (Cal. App. Fourth Dist., Div. 3; March 24, 2011) 193 Cal.App.4th 1098, [122 Cal.Rptr.3d 629], the attorney signed the subpoena. When presented with a bill by the city, he refused to pay and took the position that only his client was liable. Both the trial court and the Court of Appeal disagreed. The lawyer was liable to the city.