Department of Social Services v. Otto S.

California Court of Appeal Nov 2, 1982 No. Civ. 54041Published

Before: Elkington

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Holding. The court held that a juvenile court commissioner commits reversible error by denying a minor's request for new counsel without inquiring into the reasons for the minor's dissatisfaction, as required by the principles set forth in People v. Marsden.

Issues

Whether the juvenile court erred in denying a minor's request for new counsel without conducting an inquiry into the grounds for the request.
Whether the parents of a minor have standing to appeal an order based on the denial of the minor's right to adequate counsel.

Disposition. Reversed

Quotations verified verbatim against the opinion

“We conclude that under Marsden the commissioner should have made inquiry into the causes of Ann’s dissatisfaction with her court-appointed attorney and, if the complaint appeared valid, he should have taken corrective action in accordance with law.”

“The orders from which the appeal is taken are reversed; the juvenile court will take further proceedings not inconsistent with the views we have expressed.”

Opinion

ELKINGTON, J.

The

parents

of Ann S., aged 13, have appealed from orders of the juvenile court taking her physical custody from them, as a result of charges and evidence that (1) the

father

had brutally beaten the minor, and (2) that her

mother

had failed to protect the minor from the physical abuse of the father.

At the end of a somewhat lengthy juvenile court hearing, and before any order was made, the minor’s court-appointed attorney stated to the presiding

[150]

court commissioner: “Your Honor, there is one thing Ann . . ., which was going to tell the court just before she stepped down, and as she informed me she would request the court to appoint her a new attorney. . . . That is her request. I informed the court of this. ” The commissioner responded: “She will keep her present attorney at least until the conclusion of the matter.”

Upon recommendation of the commissioner, the juvenile court thereafter entered the orders from which the appeal is taken.

Minors, no less than adults, are “ ‘persons’ under our Constitution . . . possessed of fundamental rights which the State must respect. ...”

(Tinker

Des Moines School Dist.

(1969) 393 U.S. 503, 511 [21 L.Ed.2d 731, 740, 89 S.Ct. 733].)

It is the appeal’s contention that constitutional error condemned by

Marsden (People

Marsden

(1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44]) was committed by the commissioner, and that Ann was entitled to the protection of that authority’s holding. We agree.

Department of Social Services v. Otto S.

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ELKINGTON, J.

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