California Court of Appeal

In case concerning appeal from an eight-hour reduction in pay for police officer for violating department policy by failing to inform supervisors of conversation with her husband, grant of plaintiff-county sheriff department's petition for writ of administrative mandate against defendant-arbitrator is affirmed where: 1) the marital communications privilege does not apply in law enforcement administrative investigations and hearings; 2) the administrative appeal of any punitive action taken as a result of the administrative investigation can only be effective if conducted using the same rules of privilege as in the administrative investigation; therefore 3) the issue of waiver was moot.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Peter F. Murray and Peter F. Murray, San Diego, for Real Party in Interest and Appellant.


• For Appellees:
  
• No appearance for Defendant and Respondent., Ferguson, Praet & Sherman, Santa Ana, and Kelly R.M. Irwin, for Plaintiff and Respondent.