Oakland City Attorney Race: Barbara Parker Responds to Lawsuit Planned by Opponent Jane Brunner

A campaign consultant for Oakland City Attorney Barbara Parker Sunday labeled rival candidate Jane Brunner's announcement that she plans to sue Parker for libel as "a desperate political stunt."

Brunner said in a press release Saturday evening that she plans to file a multi-million dollar libel lawsuit because Parker "overtly lies" about Brunner's status with the California State Bar Association in a campaign mailer. According to the press release, Parker's mailer asserts that Brunner “Has Been Suspended from Practicing Law by the California State Bar.”

Some residents of the 94618 ZIP code received Parker's mailer on Friday, Nov. 4. Others had not received it following Saturday's mail delivery.

Doug Linney, president of The Next Generation campaign management firm and Parker's campaign consultant, said in a statement, "The facts are, according to the website of the California State Bar, Jane Brunner was ‘Not Eligible To Practice Law’ between July 31, 1995 and January 23, 1997. In other words, she ‘has been suspended from practicing law by the California State Bar.’

"If filed, this lawsuit would be totally frivolous and demonstrate exactly why Councilmember Brunner doesn't have the knowledge of the law or the temperament to be City Attorney.”

According to the California State Bar Association website, Brunner was admitted to the bar on Aug. 10, 1988, but listed as "Admin Inactive/MCLE noncompliance Not eligible to practice law" on July 31, 1995. (MCLE noncompliance means not meeting continuing education requirements.) She was again listed as active as of Jan. 23, 1997.

Brunner held a press conference Sunday to discuss her planned lawsuit. She also plans to name Linney in the suit.

Later Sunday, Brunner told Rockridge Patch that she became inactive as an attorney when first seeking a seat on the Oakland City Council and that she became active again very shortly after being sworn into office.

"This is very common, and you don't do continuing education while you're inactive," she said. "Suspension is when you've been disciplined.

"This is as dirty as politics gets."

Here's the complete statement from Linney:

“This is a desperate political stunt by Jane Brunner at the last minute before Election Day.

"The facts are, according to the website of the California State Bar, Jane Brunner was ‘Not Eligible To Practice Law’ between July 31, 1995 and January 23, 1997. In other words, she ‘has been suspended from practicing law by the California State Bar.’

"We ask that Councilmember Brunner explain to the voters why she was ineligible to practice law during this period.

"We also ask Councilmember Brunner to explain why she falsely claimed to have practiced law for 25 years in her official candidate statement, when her public Bar record makes it clear that this figure is not true. 

"According to the City of Oakland Candidate Handbook for this election, ‘A candidate who makes false, slanderous or libelous statements in the Candidate Qualifications Statement is not exempt from civil or criminal action.’

"If filed, this lawsuit would be totally frivolous and demonstrate exactly why Councilmember Brunner doesn't have the knowledge of the law or the temperament to be City Attorney.”

According to an email from Linney's office, "The California Bar Journal refers to what happened to Brunner (ineligible to practice law because of an MCLE (Minimum Continuing Legal Education) noncompliance) as a suspension: http://archive.calbar.ca.gov/Archive.aspx?articleId=92602&categoryId=92443&month=7&year=2008.

Parker, formerly Oakland's chief assistant city attorney, was appointed Oakland City Attorney in 2011 after City Attorney John Russo resigned to take a job as city manager with the City of Alameda. Brunner is currently in her fourth term as the District 1 representative on the Oakland City Council, representing Rockridge, Temescal and other parts of North Oakland. Parker and Brunner are the only candidates for city attorney on Tuesday's ballot.

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