California Court of Appeal

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