Littlefield

I respectfully dissent.

I do not believe that the superior court exceeded its authority under Government Code section 27706 by ordering the public defender, who had answered ready, to remain present during the trial of the now in propria persona defendant, and “to be ready to step in and take this trial over” at any point during the trial.

In Ligda v. Superior Court (1970) 5 Cal.App.3d 811 [ 85 Cal.Rptr. 744 ], the court held that the public defender’s statutory duty to defend indigent defendants encompassed more than formal representation and that the trial court was empowered to appoint tire public defender as standby counsel.

The court observed, “The legislative intent in the progressive expansion of the duties of the public defender [citations] seems clear. The purpose is, to keep pace with the progressive requirements of due process of law, declared in the decisions of our Supreme Courts, in providing counsel for indigent defendants. The word ‘defense’ is clearly to be interpreted as embracing ‘the assistance of counsel for his defense’ as specified in the Sixth Amendment. ... To assist in summoning witnesses, as the trial court indicated Mr. Camden should do under the…

Wilbur F. Littlefield, Public Defender of Los Angeles County, has filed a petition for a writ of mandate directing the respondent superior court to vacate and set aside its order requiring a deputy public defender to act as “standby” counsel for real party in interest defendant Eddie Clyde Jackson (Mr. Jackson), who has elected to appear in propria persona in his felony trial. We conclude that Government Code section 27706 does not authorize the court to appoint the public defender to act as standby counsel. We therefore grant the peremptory writ of mandate requested by petitioner.

*858 Factual and Procedural Summary

Mr. Jackson was charged in a two-count information with second degree robbery (Pen. Code, former § 211) and grand theft of a vehicle (Pen. Code, former § 487h, subd. (a)). The public defender was appointed to represent him. Deputy public defender Karen Gee was assigned to defend Mr. Jackson, and she appeared with him when he entered a plea of not guilty at his arraignment on January 4, 1993. On March 25, 1993, Mr. Jackson was again represented by Ms. Gee when he was rearraigned on an amended information in which it was alleged that he had suffered eight…

No appearance for Real Party in Interest.

OPINION

EPSTEIN, J.

Wilbur F. Littlefield, Public Defender of Los Angeles County, has filed a petition for a writ of mandate directing the respondent superior court to vacate and set aside its order requiring a deputy public defender to act as "standby" counsel for real party in interest defendant Eddie Clyde Jackson (Mr. Jackson), who has elected to appear in propria persona in his felony trial. We conclude that Government Code section 27706 does not authorize the court to appoint the public defender to act as standby counsel. We therefore grant the peremptory writ of mandate requested by petitioner.

Mr. Jackson was charged in a two-count information with second degree robbery (Pen. Code, former § 211) and grand theft of a vehicle (Pen. Code, former § 487h, subd. (a)). The public defender was appointed to represent him. Deputy public defender Karen Gee was assigned to defend Mr. Jackson, and she appeared with him when he entered a plea of not guilty at his arraignment on January 4, 1993. On March 25, 1993, Mr. Jackson was again represented by Ms. Gee when he was rearraigned on an amended information in which it was alleged that he had…