Baber

On November 16, 1979, Robert Baber, the petitioner, was found by a jury to be “gravely disabled.” Pursuant to Welfare and Institutions Code section 5350, the Public Guardian of San Bernardino County, the real party in interest, was appointed conservator of petitioner’s “person and estate.” The petitioner was subsequently placed in a mental health facility for involuntary treatment.

In January 1980, the petitioner filed a petition for a rehearing as authorized by section 5364. Prior to the rehearing, the court made procedural rulings adverse to the petitioner. It was held that there was no right to a jury trial, that the petitioner had the burden of producing evidence to show that he was no longer gravely disabled, and that the petitioner had to prove that fact by a preponderance of the evidence. Petitioner contended then, as he does now, that he is entitled to a jury trial at his rehearing and that the public guardian should have the burden of proving beyond a reasonable doubt that the petitioner remains gravely disabled.

Further proceedings in the rehearing were continued while petitioner sought a writ of mandate from this court to overturn the trial court’s procedural…