D.A. Should Probe Payments to Julian

Re the editorial “A Lot of Interest in the Lack of Interest” (Jan. 21) discussing the recent decision by the San Juan Capistrano City Council to hire an outside, private legal firm to conduct an “independent” audit of the financial transactions of Stephen Julian, the city manager. Your editorial noted that this consultant would be “a hired hand” of the city.

It seems to me that any auditor lawyer hired by the council could not possibly be independent.

By virtue of law and “attorney-client” relationships, he would be forbidden to make any public finding that the council (his client) has committed any violations. No lawyer can do this--legally, ethically or practically.

The public can get no “independent” assessment because the “auditor” is duty bound to protect his client (the City Council). Inevitably, this will result in a whitewash of the whole affair--paid for by the public.

But there is a solution. Your reference to the district attorney is right on. The district attorney’s office is the only truly independent investigative agency available; it’s designed for this purpose. The San Juan council should immediately request the district attorney to conduct a complete investigation.

This will re-establish public confidence. Best of all, it will cost the citizens nothing--not the $40,000 or $50,000 a private law firm would get. Don’t forget, a private law firm auditor is really the council’s advocate and protector; the district attorney is the public’s lawyer.

ROY L. BYRNES, San Juan Capistrano