Rhyne

Nineteen-year-old Rita Rhyne and her six-month-old infant appeared before David Walker, judge, Municipal Court for the North County Judicial District (Municipal Court) at its morning misdemeanor arraignment session. Without advice of or waiver of rights, without benefit of counsel, Rhyne pleaded guilty to petty theft—a first offense. Judge Walker immediately jailed the woman and child. After four hours of confinement, Judge Walker stayed the jail sentence three days and ordered Rhyne to report to the county jail to serve the balance of her sentence. Rhyne obtained counsel and sought a writ of habeas corpus and writ of mandamus on behalf of herself and others similarly situated with respect to denials of fundamental constitutional rights when in attendance at the Municipal Court arraignment sessions presided over by Judge Walker. Walker was served by mail (Code Civ. Proc., § 1013a, subd. (3)) by the superior court clerk with Rhyne’s petition for writ of habeas corpus. By agreement of the parties, Judge Walker was excused from the proceeding and the Municipal Court retained as the party respondent.

After a factual hearing, the trial court issued its peremptory writ of…