In Re Joyleaf W.
San Diego County Department of Social Services v. Angeline W.
Opinion
Opinion
Butler, J.
Angeline W. and Stephen W. appeal a judgment freeing their one-year-old daughter from their custody and control under Civil Code section 232, subdivision (a)(6).
Their lawyer has filed a brief setting forth the facts of the case; no argument is presented for reversal. We are asked to review the record for error under People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. The People question Wende's applicability to a civil proceeding.
Wende follows the mandate set out in Anders v. California (1967) 386 U.S. 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1396 ]. There, the United States Supreme Court held a California indigent defendant was denied fair procedure where counsel appointed for appeal prepared no brief but advised the court by way of letter he found no merit in the appeal. This “no-merit letter” and the procedure it triggered did not comport with the constitutional requirement of substantial equality and fair process. Anders cited a long time concern with the rights of an indigent on appeal. (Griffin v. Illinois (1956) 351 U.S. 12 [ 100 L.Ed.2d 891 , 76 S.Ct. 585 ].) The nature of appellate review should not depend on the amount of money a defendant…