Robert Wayne Wiley, 74, of Lakeport was arrested at just after 3 p.m. Thursday, according to Lake County Jail records. The charge was felony possession of child pornography.
Lake County News called Wiley's office for a statement Friday morning. Wiley returned the calls, but said his attorney, David Markham advised him to make no comment.
District Attorney Jon Hopkins said a search warrant was served on Wiley on Thursday morning before his arrest.
Lt. Cecil Brown of the Lake County Sheriff's Office said the search warrant covered both Wiley's home and his office on Third Street in Lakeport. Both sheriff's and District Attorney's Office investigators took part in the search.
Brown said he did not have information on how long the investigation that led to Wiley's arrest has been going on.
He explained that the offense for which Wiley was arrested – Penal Code 311.11(a) – is known as a "wobbler," which means it can be either a felony or a misdemeanor.
Brown said it's routine procedure for a peace officer to make a felony arrest on a wobbler charge, but he added those cases often end up being charged as misdemeanors.
Chief Deputy District Attorney Richard Hinchcliff emphasized that Wiley has not yet been officially charged with any crime by the District Attorney's Office.
"There will not be any charging decisions made for at least a little while," said Hinchcliff.
That delay in charging results is based on an ongoing investigation, which will include a forensic examination of a computer belonging to Wiley, which Brown said could take as long as a month and a half.
He emphasized that he didn't want to create an illusion that definitive evidence already had been discovered because of the seriousness of the allegations.
"We wouldn't want to damage someone when it's not warranted or to a greater extent than is warranted,” Brown said.
Juvenile defense contract terminated
Stephen Carter, who administers the county's public defender program through Lake Legal Defense Services, said Wiley has worked for many years in the local juvenile justice system; he was a fixture here before Carter arrived in Lake County in 1994.
Wiley was admitted to the State Bar of California on Aug. 21, 1975, according to State Bar records. He received his law degree from Glendale University. State Bar records show that Wiley has no past disciplinary or administrative action.
Carter said Wiley contracted with Lake Legal Defense on juvenile delinquency matters – in cases where juveniles are accused of crimes. Colleagues have considered Wiley a "guru" on juvenile cases, said Carter.
The sensitive nature of the charges and Wiley's position representing juveniles led Carter to the conclusion that immediate action was necessary.
On Friday morning, said Carter, "We mutually agreed to terminate his contract on delinquency matters."
Carter added. "This is a very shocking, sad situation.”
In Wiley's stead, Carter said he will personally take over the juvenile delinquency case load in order to prevent a lapse in representation.
Carter said he hasn't had to deal with a situation like this before, and hopes he never has to again.
"It came as a complete shock and surprise to me," he said.
Carter added that his action to terminate Wiley's contract was not a statement about innocence or guilt.
Court responds to concerns
Wiley also held a contract directly with the Superior Court on juvenile dependency cases, such as those related to Child Protective Services.
Lake County Superior Court issued a statement on the matter, delivered to Lake County News by Court Executive Officer Mary E. Smith.
It said: "The Superior Court is extremely concerned about the allegations against Mr. Robert Wiley, an attorney who provides legal representation in juvenile cases before the court. The court is investigating the situation and will take all necessary and appropriate action to protect the interest of juveniles in the court system in our county."
As of Friday, Wiley's work defending juveniles accused of crimes in Lake County Superior Court ceased, said Smith.
"His contract has been terminated immediately," she said.
The court first received word of Wiley's arrest Thursday, said Smith.
"This is kind of an evolving situation," said Smith, who added that she had not seen a situation similar to this one in the local courts.
She added that the Superior Court is working to get a replacement for Wiley.
"We just did what we felt was the right thing to do," Smith said.
Lynn Holton, spokesperson for the San Francisco-based state Administrative Office of the Courts, said she knew of no particular protocols that are in place to deal with situation's like Wiley's.
"If it involves a criminal act, it seems the court acted appropriately," said Holton.
The Office of the Courts' take on Lake County Superior Court's termination of Wiley's contract was that they moved quickly in order to take effective action, said Holton. "They're working to protect the interests of the children represented."
Wiley is scheduled to appear in court Nov. 19, according to his booking records. Hinchcliff said Deputy District Attorney John DeChaine has been assigned to the case.
E-mail Elizabeth Larson at
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