Conservatorship of James E. CA2/8

DISCUSSION

A proposed conservatee under the LPS has a statutory right to a jury trial on the petition. By statute, the trial court was required to personally inform James of his jury trial right. (Welf. & Inst. Code, § 5350, subd. (d)(1); Prob. Code, § 1828, subd. (a)(6).) At the December 23, 2024 hearing, the trial court here technically complied with this statutory mandate. However, the perfunctory advisement and skeletal oral colloquy do not support a finding James made a knowing and voluntary waiver of the jury trial right. In Conservatorship of John L. (2010) 48 Cal.4th 131, the Supreme Court explained that LPS proceedings are civil in nature and that “the laws of civil procedure apply.” (Id. at p. 147.) John L. concluded any “ ‘analogy between criminal proceedings and proceedings under the LPS Act is imperfect at

3 best and . . . not all of the safeguards required in the former are appropriate in the latter.’ ” (Id. at p. 151.) Nevertheless, John L. acknowledged the private interests at stake in an LPS proceeding are “weighty and deserving of protection.” (Ibid.) Because of the significant liberty interests involved in civil commitment proceedings, case law governing…