JOHNNY S. v. Superior Court

Opinion

PUGLIA, P. J.

Petitioner is a minor in whose behalf a petition has been filed in juvenile court under Welfare and Institutions Code section 602. The juvenile court petition alleges the minor violated Penal Code sections 245 (assault with a deadly weapon) and 594 (vandalism). Counsel has been appointed to represent the minor in the juvenile court pursuant to Welfare and Institutions Code section 634.

The instant petition for mandate alleges that the minor is indigent and lacks the funds necessary to retain a private investigator to assist in the preparation of his defense; the juvenile court judge was asked informally to authorize funds for the employment of a private investigator for the minor; the judge advised counsel that it is the policy of the court not to authorize funds for investigators in juvenile matters; counsel’s formal motion for such authorization was thereafter denied by the court.

[828]

The minor contends that the respondent juvenile court has a duty to consider the merits of a request for funds to employ an investigator and that a perfunctory denial of his request was an abuse of discretion.

Counsel appointed to represent an indigent adult charged with crime is entitled to “a reasonable sum for compensation and for necessaiy expenses” (Pen. Code, § 987.2, subd. (a)). The real party in interest herein, the People, concedes that “necessary expenses” as used in Penal Code section 987.2, subdivision (a) include reasonable sums for investigative services. (See 41 Ops.Cal.Atty.Gen. 151, 152-153 (1963); Note (1961) 13 Stan.L.Rev. 522, 537-538.) Investigative services in some instances are an integral part of effective assistance of counsel. (See

Mason

v.

State of Arizona

(9th Cir. 1974) 504 F.2d 1345, 1351, cert. den., 420 U.S. 936 [43 L.Ed.2d 412, 95 S.Ct. 1145].) Juveniles are of course entitled to the effective assistance of counsel.

(In re Julius B.

(1977) 68 Cal.App.3d 395, 401 [137 Cal.Rptr. 431].)