In Re Larry W.

There is before us a petition for writ of habeas corpus challenging the validity of an order of the Superior Court of Los Angeles County ordering the detention of petitioner, a 17-year-old boy, under Welfare and Institutions Code section 636.

On March 18, 1971, a petition was filed in the juvenile court charging that Larry W. (petitioner here) came within section 602 of the Welfare and Institutions Code in that he had committed a robbery. On March 19 a detention hearing was held before a referee who made a finding “that it is a matter of immediate and urgent necessity for the protection of the minor and the persons and property of others that he be detained.” The minor was thereupon ordered detained and an adjudication hearing set for April 1.

On March 23 the public defender filed this petition on behalf of the minor.

Two procedural points require comment.

First. The petition states that no application has been made to the presiding judge of the juvenile court for the reason that such an application would be a futile act and would merely delay the proceedings. The petition alleges the “widespread, if not universal, failure of the Los Angeles County Juvenile Court to…