Santa Ana : Lawyer Ruled Out in 3 City Pornography Suits

A Superior Court judge has ruled that an attorney hired by the City of Santa Ana cannot represent the city in three of five lawsuits filed against a Santa Ana X-rated theater. The action came just a week after a different judge ruled that the attorney, James Clancy, can continue to represent the city in the other two suits.

City officials said they will appeal Judge David Owens’ decision Monday to bar Clancy, while attorneys for the Mitchell Bros. theater chain said they will appeal Judge David Sills’ earlier ruling in Clancy’s favor.

Clancy, a Sun Valley attorney who specializes in anti-pornography litigation, was recently disqualified by the state Supreme Court from representing the City of Corona in a similar case against an adult bookstore.

The court cited Clancy’s financial interest in the case, specifically a clause written in his contract that called for Clancy to receive a bonus if he won the case.

Mitchell Bros. lawyer Tom Steel moved for a disqualification in the Santa Ana cases on the same grounds. However, Clancy, who had been paid $25 an hour, signed a new contract with Santa Ana that pays him a nominal $1 a year. Last week, Sills ruled that the new contract removes Clancy’s financial interest.

However, Owens, who is presiding in three of the five suits, disqualified Clancy on the grounds that the new contract contains a clause allowing the City Council to approve payments to him “from time to time.”