Ybarra

In this appeal we hold that the trial court abused its discretion when it dismissed a paternity action brought by the state simply because the alleged father, the defendant, could not afford an attorney and no public funds were available to pay an attorney appointed by the court. Under existing law, the public defender may not be appointed as counsel in such cases. Beyond the procedural issue of judicial power to precipitously end a paternity action are the practical issues to be addressed by the court and local bar association if gratuitous legal services must be provided for this, indigent civil litigant.

The Proceedings in the Trial Court

On March 4, 1980, appellant County of Tulare (County) filed a complaint against defendant Richard Ybarra in the superior court on behalf of Lauren Butts, a minor. The complaint alleged Ybarra to be Lauren’s father and sought to establish his obligation to reimburse County for public assistance payments under Welfare and Institutions Code section 11350 et seq.

Ybarra requested that counsel be appointed to represent him. After the court asked Ybarra about his financial ability, it appointed the public defender to represent him. Later…