In Re JGL

Mrs. L., an indigent, is the mother of two children on whose behalf a petition under Welfare and Institutions Code section 600 was filed. Mrs. L. refused the services of all deputies in the public defender's office assigned to the juvenile court. The court then appointed Mr. Wesson to represent her but did not commit the court as to payment of any attorney's fees in view of the lack of a conflict. Nevertheless, Mr. Wesson proceeded to represent Mrs. L. and thereafter petitioned the court for fees. His petition was denied and he appeals.

In order to bring this matter into proper focus, some background as to the Juvenile Court Law and the law respecting the appointment of the public defender to represent indigent litigants is necessary. Each has had a checkered career but to avoid an interminable law review article format, this background will be discussed in very general terms.

Prior to 1961, the California Juvenile Court Law was "pure" juvenile court law embracing wholeheartedly the parens patriae philosophy with an almost complete disregard of the constitutional rights of those who appeared in that court. Enacted originally in 1903, it was a hodge-podge…