State Supreme Court agrees to hear Stark appeal
The state Supreme Court has agreed to review felony charges filed against Sutter County Auditor-Controller Robert Stark in 2005.
Stark appealed in July after the 3rd District Court of Appeal threw out six charges but let stand six others of misappropriating public funds.
Stark is not accused of diverting public funds for his own use.
He began his appeals before a trial could be held in Sutter County Superior Court.
“It was good news,” Stark said Thursday about the Supreme Court action. “It's appropriate for the Supreme Court to review the case because it's important for the law to be clear to maintain government accountability in the state of California.”
District Attorney Carl Adams, who filed the charges, said the court may take any one of four actions:
The Supreme Court will ask attorneys on both sides to submit briefs and probably will hear arguments, said Adams.
No hearing date was set.
“There is no way to know which aspects of the case they may be interested in,” said Adams.
Stark maintains the case concerns constitutional issues about the powers of auditor-controllers statewide.
According to the charges, Stark transferred money between funds without permission of the Board of Supervisors. One county supervisor has referred to Stark as nothing more than “a clerk to the board.”
Another felony case against Stark was filed this year alleging that he filed false documents, including a version of the county budget not approved by supervisors.
In August, Stark filed a lawsuit against the county aimed at establishing the statutory powers of the auditor-controller. The suits also asks that he be reimbursed by the county for legal defense bills said to be about $300,000.
Appeal-Democrat reporter Rob Young can be reached at 749-4710. You may e-mail him at ryoung@appeal-democrat.com.
