The New York City Law Department's decision not to defend Mayor Eric Adams against a City Council lawsuit is unprecedented, as the department typically represents the mayor in legal matters. The Council's complaint aims to block the operation of U.S. Immigration and Customs Enforcement (ICE) agents at Rikers Island. The department stated its neutrality due to previously advising both sides on sanctuary city laws, necessitating the need for outside counsel for the mayor. This decision highlights the unusual dynamics in legal representation within city governance.
I cannot recall a single instance in which the Law Department elected not to represent this mayor, or prior ones, when that officeholder was sued in his official capacity.
Due to the fact that the New York City Law Department has provided advice to both sides of City Hall on the scope of the city's sanctuary city laws, it has removed itself from representing either side of City Hall in this litigation.
The New York City Law Department has advised that they will not be representing any party in this litigation, and the respondents are accordingly in the process of identifying outside counsel.
The move is unusual: Absent any conflict of interests, the law department represents the mayor, the city, other elected officials and city agencies in most legal matters.
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