In Re Gallagher Ex Rel. Qualls

SHINN, Acting P. J.

This matter came before us for hearing upon a writ of habeas corpus, heretofore issued, directed to the Sheriff of Los Angeles County upon petition of counsel for, and on behalf of, William Donley Qualls, who is now an inmate of the county jail awaiting trial upon two counts of felony. It was represented by the petition that petitioner has employed an attorney who is preparing his defense to said charges; that said attorney has demanded that he be afforded an opportunity for private consultation with his client at some place in the .county jail to be selected by respondent or his deputies who are in charge of the jail; that respondent and his said deputies have failed and refused to accede to such request; that they have been willing to allow petitioner to consult with his said attorney at times when consultations were desired, but only in a large room used by many at

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toraeys and their clients for such purpose; but that between the hours of 9 a. m. and 5 p. m., by reason of the presence of many prisoners and attorneys and of deputies of respondent, there is no opportunity in that room for petitioner to consult privately and confidentially with his said attorney. The purpose of his application is to secure opportunity for such private consultation.

From the facts as stipulated by counsel for petitioner and the district attorney, appearing on behalf of respondent, and from oral and documentary evidence received at the hearing, which it is unnecessary for us to recite, it appears that while the room provided for such consultations is a large one and is furnished and arranged as to provide facilities which are adequate to allow conversations between attorneys and their clients, yet the facilities are so limited and the room is so extensively used that during ordinary business hours there is little assurance of the privacy of conference to which the petitioner and those similarly situated are entitled and that at times privacy of consultation is impossible. Their right to private consultations with their counsel is a corollary of the constitutional right to be represented by counsel in their defense. In

In re Rider,

(1920) 50 Cal.App. 797 [195 P. 965], at 799, the court said: “The privilege of the presence of counsel upon the trial would be a poor concession if the right of consultation with such counsel prior to the trial were denied. It is equally essential to the enjoyment of the constitutional guarantee that the accused should have the right to a