Jones

— In this case, we are asked to determine the propriety of imposing sanctions on a petition for writ of mandate and request for stay. Sanctions are warranted where counsel omits critical facts intending to create a sense of emergency solely for delay. Because, however, we believe the omissions here were unintended, a product of time pressures combined with short-sighted advocacy, we refrain from imposing sanctions.

Factual and Procedural Background

This petition involves a death penalty case where Principal Attorney Deborah Carson (Carson), a deputy alternate public defender with significant experience in capital cases, had the flu when trial was set to start on January 21, 1994.

On January 10, Carson left work with a fever. On January 14, she informed the trial court she was ill, submitted a doctor’s note advising her not to work from January 17 through 21 and stated she might need a continuance; but the court was firm that jury selection would begin on January 21. After some rest and a return to work, Carson had a relapse, saw her doctor on January 20, and obtained a letter from the doctor saying she had acute influenza and was disabled until January 30.

On January…