Echavarria

Echavarria v. Justice Court

Good Law
1971 Cal. App. LEXIS 1129·21 Cal. App. 3d 889·99 Cal. Rptr. 98
Court of Appeal of CaliforniaDecember 7, 1971Civ. 37862California1,437 words

Opinion

Opinion

Stephens, J.

On January 8, 1970, appellants Echavarria and Belen, “on behalf of themselves and all persons similarly situated,” petitioned the Superior Court of San Luis Obispo County for a writ of prohibition to restrain respondent [justice court] from,: (1) “further proceedings in [the Echavarria case] unless and until the judge assigned to said case makes a determination of [Echavarria’s] financial eligibility for assistance by a Public Defender”; and (2) hearing any criminal cases unless and until [respondent justice court] provides reasonable guarantees to [the superior court] that it will inform accused persons of their right to counsel in accordance with law, and to assure the appointment of counsel to all eligible persons who do not waive said right.” On January 16, 1970, the superior court issued an alternative writ of prohibition and an order to show cause why a peremptory writ of prohibition should not issue. On January 26, 1970, the petition was submitted on the briefs and declarations of the parties. On April 1, 1970, while the petition was awaiting decision, appellant Echavarria filed a letter in superior court stating that “by virtue of an agreement with the District…

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