Judge rules in favor of lawsuit against Humboldt County regarding Public Defender’s qualifications

EUREKA – Humboldt County’s Public Defender still faces questions about his fitness to hold the position.

At a hearing in May, the courts ordered that private attorney Patrik Griego seek additional evidence to back up the claim that David Q Marcus is unqualified to be public defender.

In part, the lawsuit against the county asserts that Marcus was not a practicing attorney for at least a year prior to accepting the position as required by California law.

Griego has since deposed Marcus, and Friday at the Humboldt County Courthouse, Judge Marjorie Carter found enough evidence to move forward with the case. The county has fifteen days to respond.

If the courts determine that Marcus does not meet the state’s requirements, his employment would be terminated.

The Public Defender’s Office is closed on Fridays and Marcus could not be reached for comment.

In March, nine deputy public defenders sent a letter to the Humboldt County Board of Supervisors, responsible for Marcus’ hire, casting doubts on his ability to do the job.

Since then, the supervisors have repeatedly expressed support for Marcus.

Reached by phone, Estelle Fennel tells us, “We are confident that Mr. Marcus is well qualified to do the job and we will allow the process to move forward.”

Other supervisors could not be reached by deadline.

Former Public Defender Kevin Robinson, whom Marcus replaced, expressed to News Channel 3 in a prior interview that he made recommendations for his replacement to the board of supervisors who appointed an advisory panel to interview candidates.

Robinson said he was, “amazed and fairly flabbergasted that nobody who works in indigent defense was a part of that selection process.”

David Marcus declined requests for comment on that matter.

We will continue to bring you details on this developing story.