California Court of Appeal

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Joshua P. v. Superior Court, B253564

A petition for a writ of mandate challenging the juvenile court's order removing the public defender as minor's counsel in a juvenile delinquency proceeding on one of many petitions filed against the minor, is granted, where: 1) when a minor, who in earlier juvenile proceedings was represented by a conflict attorney and declared a ward of the court, is charged in a subsequent petition, the public defender must re-evaluate the minor's situation and offer representation if the conflict no longer exists and other statutory requirements are met; and 2) that representation must commence immediately, before arraignment, and the court may not appoint private counsel to replace the public defender absent a showing that the public defender is unavailable.

Appellate Information

  • Decided 05/29/2014
  • Published 05/29/2014

Judges

  • CHANEY

Court

  • California Court of Appeal

Counsel