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Petitioner is a senior deputy public defender and has worked
as an employee of the Santa Clara County (the county) Public
Defender's Office (the public defender's office) since 1981. In
October of 1989, petitioner was assigned to work in the juvenile
dependency unit of the public defender's office. Sometime during
1992, the dependency unit was physically separated from the
public defender's office.
During 1992, petitioner prepared two discretionary writ
petitions. Petitioner was the only public defender in his office
to file discretionary writ petitions during that year.
Petitioner prepared these writ petitions with materials which he
purchased from his personal funds.
During 1992, petitioner retained three law students
attending Loyola University Law School to help him prepare a
master brief in which petitioner argued for the constitutional
right to a jury trial in dependency proceedings. Petitioner flew
to Los Angeles several times during 1992 to supervise the law
students.
Petitioner deducted the actual costs he incurred for the use
of three automobiles on his 1992 Federal income tax return.
Petitioner used each of the three cars for both business and
personal use. The county reimbursed its employees for all
required automobile travel at the rate of $0.29 per mile. County
employees must submit requests for reimbursement in order to
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Last modified: May 25, 2011