In Re McDermott

HOUSER, J.

From the petition herein and the return thereto it appears that on January 22, 1922, after due proceedings had in the juvenile court in and for the county of Kern, an order was made by said court by which three minors, including the petitioner, were adjudged wards of the juvenile court. In connection therewith the said court further ordered “that until the further order of the court they (said wards) be allowed to go home with their parents upon the condition that they be properly cared for.”

It further appears that nearly four years later, to wit, on the fourteenth day of November, 1925, at which time petitioner still being a ward of the juvenile court, under the direction or order of the judge of the said juvenile court, petitioner was removed from the home of her parents and placed in the juvenile home of the county of Kern; that thereupon the father of said petitioner employed a firm of attorneys to represent him “in preparing to resist any order of the said juvenile court in any wise "changing the custody” of petitioner, and to represent petitioner “in any proceedings before said juvenile court”; that thereupon one of the members of said firm of attorneys applied to the judge of said juvenile court and to the probation officer of

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the county of Kern, who at that time had the custody and control of petitioner, for permission to consult with petitioner relative to the change in her custody, but that such permission was, and ever since has been, refused. Whereupon, petitioner has besought this court to grant a writ of

habeas corpus,

to the end that the rights of petitioner in the premises may be by this court determined.

In the case entitled

In re Rider,

50 Cal. App. 797 [195 Pac. 965], a ward of the juvenile court, who was detained in a juvenile hall on a felony charge, complained that she was unlawfully restrained of her liberty by the superintendent thereof in that the ward was denied the right of private consultation with her attorney for the purpose of enabling the ward to prepare for her defense on the said criminal charge. It was held that the claimed right of the ¡ward was one of the fundamental guaranties of the American criminal law and one which no legislature or court could ignore or violate.