San Diego County Department of Social Services v. Angeline W.

[867]

Opinion

BUTLER, J.

Angeline W. and Stephen W. appeal a judgment freeing their one-year-old daughter from their custody and control under Civil Code section 232, subdivision (a)(6).

1

Their lawyer has filed a brief setting forth the facts of the case; no argument is presented for reversal. We are asked to review the record for error under

People

v.

Wende

(1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071]. The People question Wende's applicability to a civil proceeding.

Wende

follows the mandate set out in

Anders

v.

California

(1967) 386 U.S. 738 [18 L.Ed.2d 493, 87 S.Ct. 1396]. There, the United States Supreme Court held a California indigent defendant was denied fair procedure where counsel appointed for appeal prepared no brief but advised the court by way of letter he found no merit in the appeal. This “no-merit letter” and the procedure it triggered did not comport with the constitutional requirement of substantial equality and fair process.

Anders

cited a long time concern with the rights of an indigent on appeal.

(Griffin

v.

Illinois

(1956) 351 U.S. 12 [100 L.Ed.2d 891, 76 S.Ct. 585].) The nature of appellate review should not depend on the amount of money a defendant has. “. . . California’s procedure did not furnish petitioner with counsel acting in the role of an advocate nor did it provide that full consideration and resolution of the matter as is obtained when counsel is acting in that capacity.”