Waltz

John Waltz wants to appeal the imposition of a conservatorship and his confinement in a county mental health facility. We determined he is indigent and we appointed appellate counsel for him. The county clerk, however, refused to prepare and certify the record until Waltz paid $634 (Cal. Rules of Court, rule 5(c)). Waltz told the clerk by letter he would present a forma pauperis to the court to get the fee waived. The clerk refused to give him the time to make his request by not extending the time for fees to be deposited and instead entered a default.

Waltz petitioned this court for a writ of mandate. He claims a public conservatorship proceeding is criminal in nature and he is entitled to free transcripts as well as appointed counsel. Recognizing Waltz is representative of a class of persons similarly situated, we issued an alternative writ. After further briefing and argument, we issue the peremptory writ.

The clerk’s contentions assume proceedings under the Lanterman-PetrisShort Act are civil in nature and any appeal must follow the rules for civil appeals. In civil appeals, costs must be deposited in advance or waived by the court (Cal. Rules of Court, rule 4(c)).…