Defendant gets a municipal traffic ticket, appeals to the county court. At all times the city has represented the defendant - including in the county court. Defendant appeals to the COA claiming statute unconstitutional among other things. Defendant named DA office and sent all correspondence to DA. However, City took it back with DA approval believing they are the proper party on appeal. Defendant objected claiming City cannot represent on appeal, that the DA must represent. Any suggestions on who has the authority to respond on appeal?

In similar cases out of our county, we let the city attorneys do it, and I am aware of no challenges. For State's appeals, the DA will sign the notice of appeal with the city attorney, and they handle it. As far as I know, the city attorneys have never been poured out.

Thanks - the city attorney said that we can file a notice of non-representation and that should work. I have not looked at the case yet, but they cited Thornton v. State out of the 11th for their reasoning that we should sign the notice.