Los Angeles : Hahn Urges City Not to Use Public Funds to Fight Prop. 187

If the Los Angeles City Council decides to join the court battles to overturn Proposition 187, it should seek free services from private attorneys rather than spend public funds to fight the measure, City Atty. James K. Hahn recommended Thursday.

Hahn’s recommendation came in a two-page letter to council members as they prepared to debate again today on what to do about the measure that calls for illegal immigrants to be barred from most public services.

On Nov. 9, the day after voters overwhelmingly approved the measure, Hahn, at the council’s request, filed court papers to join a federal lawsuit seeking to toss out the new law, a move he said was necessary to clarify the city’s responsibilities.

Two weeks later, as council members continued their heated debate over whether it was appropriate to fight the measure, they voted to soften the city’s stance and asked Hahn to lay out options and the measure’s potential impact.

Noting that U.S. District Judge Mariana R. Pfaelzer has scheduled a Monday hearing on the city’s intervention request, Hahn told the council he needs further direction today.

As alternatives, the city could bring its own lawsuit or seek to make its views known through filing a “friend of the court” brief without joining the lawsuit, Hahn said. In any event, Hahn added, “my recommendation would be to avoid the use of public funds in any such endeavor by seeking pro bono assistance from the private legal community.”

Other options for the council include seeking a state attorney general’s opinion, although Hahn said that would not clear up questions about how a conflict between state and federal laws would affect the flow of federal funds to California. The city also could seek written guidance from the federal government or take a wait-and-see stance in the expectation that the court will continue to bar enforcement of Proposition 187 until the legal issues are sorted out, Hahn said.

Hahn spokesman Ted Goldstein said the office would not discuss the letter until the council takes up the matter.