Brown v. Superior Court

Opinion

MILLER, J.

Petitioner, the Public Defender of the City and County of San Francisco, seeks a writ of mandate to compel respondent Superi- or Court of the City and County of San Francisco to set aside its order appointing petitioner to represent a conservatee in a proceeding before the probate court. Petitioner contends that there is no statutory authority for respondent court to appoint the public defender to represent conservatee, real party in interest in this matter, in a proceeding to recover personal property. We agree that respondent court exceeded its jurisdiction in requiring the office of the public defender to assume the representation of a nonindigent conservatee.

Section 27700 of the Government Code provides for the establishment of the office of public defender. The City and County of San Francisco has established such an office, of which petitioner, Jeff Brown, is in charge. Section 27706 of the Government Code defines the duties of the public defender. Government Code section 27706, subdivision (d) provides that “Upon request, or upon order of the court, the public defender shall represent any person

who is not financially able to employ counsel

in proceedings under Division 4 (commencing with Section 1400) of the Probate Code and Part I (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.” (Italics added.)

[191]

Section 1470 et seq. of the Probate Code was amended in 1979 (Stats. 1979, ch. 726, § 3, operative Jan. 1, 1981). Section 1470 provides for the

discretionary

appointment of legal counsel as follows: “(a) The court may appoint

private

legal counsel for ... a conservatee ... in any proceeding under this division if the court determines such person is not otherwise represented by legal counsel and that the appointment would be helpful to the resolution of the matter or is necessary to protect the person’s interests.” (Italics added.)

Section 1471 provides for the