Conservatorship of C.R. CA2/6

FACTS AND PROCEDURAL BACKGROUND

In November 2024, the Public Guardian filed an LPS Act petition to be appointed C.R.’s conservator for one year due to an alleged grave disability based on mental health and severe substance use disorders. The trial court issued a written citation for the LPS conservatorship that was personally served on C.R. C.R. has not previously been subjected to a one-year LPS conservatorship. C.R. appeared remotely at a December 2024 pretrial hearing. His attorney stated he had spoken with him “recently,” that C.R. “indicated he was willing to put in a jury trial waiver,” and that C.R. “wish[ed] to contest via court trial.” Counsel did not indicate that he explained to C.R. that he had a right to a jury trial, discussed the mechanics of a jury trial, or explained the differences between a jury and court trial. Nor did counsel indicate that C.R. lacked capacity to waive jury. The trial court did not take a personal waiver of jury from C.R. Nor did the court explain the mechanics of a jury trial or explain how a jury trial differed from a court trial. At another pretrial hearing, C.R.’s attorney told the court, “[T]here was a previous jury trial waiver from my…