Contact: Dana Cody, 916-727-4396, Life Legal Defense Foundation

SAN FRANCISCO, Dec. 18 /Christian Newswire/ -- The recent termination of Dr. David Kessler as Dean of the UCSF Medical School has raised the question of whether or not Dr. Kessler must vacate his seat on the Independent Citizens Oversight Committee ("ICOC") as reported in some news media reports.  Based on the relevant law and the Opinion of the Court of Appeal in a lawsuit where the law was challenged, it seems clear that Dr. Kessler need not do so.  According to Health and Safety Code section 125290, a member of the ICOC is appointed for a fixed term, in Dr. Kessler's case for eight years.  There is no provision in the statute for removal of a member before his term has expired.

This was recognized by the Court of Appeal in commenting on the relevant statute: And the fact that there is no power of removal by the appointing officials does not diminish the sufficiency of the state's control….the court rejected a claim that the requisite accountability was absent because, as here, the appointing officers have no power of removal and the appointees serve fixed terms and not at the pleasure of the appointing authority. (Emphasis added)

The Court also found that because an ICOC member may be a representative of a particular institution it does not mean that he represents the particular interests of the institution; he is still expected to make decisions that are in the best interests of the state. The Court quoted the testimony of Mr. Klein, the Chairman of the ICOC in that regard: "They do not come to represent those institutions."

Once a member is appointed to the ICOC, he is expected to perform his duties in an unbiased and evenhanded way.  He is given a fixed term so that he can do so without fear or favor.  Dr. Kessler's expertise is beyond question and his continuing presence on the ICOC whether or not he is associated with UCSF is entirely appropriate.  Terry Thompson, one of the attorneys who represented the plaintiffs in the litigation challenging the law stated, "In view of the multiplying evidence of self dealing and conflicts of interest in the operation of the ICOC that have recently been reported in the media, the continuing service of an independent Dr. Kessler should be welcomed!"

Life Legal Defense Foundation was established in 1989 and is a non-profit organization committed to the sanctity of human life.  LLDF attorneys represented the plaintiffs in the litigation challenging the independence of the ICOC.  For more information call Dana Cody at (916) 727-4396.