TPB

(See fn. 1.) Petitioner seeks a writ of prohibition restraining the superior court, sitting as a juvenile court, from taking any further action in the proceedings pending against him on the ground that he has once been placed in jeopardy. An alternative writ was issued by this court.

A verified petition was filed alleging that petitioner was a person described in Welfare and Institutions Code section 602 in that he violated Penal Code section 459 (burglary). Following a detention hearing the adjudicatory hearing was instituted before a judge of the juvenile court. During the voir dire of a police officer by petitioner’s counsel the judge disqualified himself on the ground that he could not fairly and impartially consider the evidence and declared a mistrial. Petitioner did not move for nor did he consent to a mistrial. Following the declaration of a mistrial the matter was set for hearing before a different judge. Petitioner then entered a plea of once in jeopardy pursuant to Penal Code section 1016, subdivision 5. The plea was rejected on the basis that legal necessity warranted the declaration of a mistrial.

In juvenile court proceedings juveniles are entitled to…