Coker v. Superior Court

70 Cal.App.2d 199 (1945) THOMAS COKER, Petitioner,

v.

SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent.

Civ. No. 15004. California Court of Appeals. Second Dist., Div. Two.

July 13, 1945. Fred A. Shaeffer for Petitioner.

Arden T. Jensen for Respondent.

WOOD (W. J.), J.

A writ of habeas corpus was issued by order of the presiding judge of the superior court at Santa Barbara, Honorable Ernest D. Wagner, on May 22, 1934, whereby the petitioner herein, Thomas Coker, was ordered to appear before said judge on May 24, 1945, with the body of Temple Charles Farquhar, Jr., a minor child, at court room No. 3 of the Superior Court of Santa Barbara County, located in the city of Santa Maria. Petitioner seeks a writ of prohibition [200] from this court to prohibit Judge Wagner from taking any further steps in connection with the writ of habeas corpus, claiming that the court is without jurisdiction to pass upon the matter involved at any place other than the city of Santa Barbara, the county seat of Santa Barbara. He relies upon section 1504 of the Penal Code, which provides that writs of habeas corpus must be heard and determined at the county seat.

Section 1504 of the Penal Code has been in force since 1872. Since that time many changes in population have taken place and the Legislature in amending section 73 of the Code of Civil Procedure has authorized the judges to order sessions of the superior court in cities located at a distance from the county seat. Pursuant to section 73 of the Code of Civil Procedure the judges of the Superior Court of Santa Barbara County adopted rule XI of the rules of said court, providing that "this court shall order a session at the City of Santa Maria, California, not to exceed two weeks in each month hereafter." Rule I of the said court provides: "The westerly courtroom in the courthouse in the City of Santa Barbara, California, shall hereafter be known as Superior Court Room Number One. The easterly courtroom in said courthouse shall hereafter be known as Superior Court Room Number Two, and the Courtroom in the City of Santa Maria, State of California, shall hereafter be known as Superior Court Room Number Three." Rule XII provides for the transfer of actions and proceedings to be heard in courtroom No. 3 at the city of Santa Maria, and gives discretion to the judge in the matter of making transfers to Santa Maria.