In Re Conservatorship of Joel E.

San Joaquin County Public Conservator v. Joel E.

Good Law
132 Cal. App. 4th 429·2005 Cal. App. LEXIS 1380·2005 Daily Journal DAR 10782·33 Cal. Rptr. 3d 704·2005 Cal. Daily Op. Serv. 7928
Court of Appeal of CaliforniaAugust 31, 2005C046017California4,211 words

Opinion

Opinion

Butz, J.

In this case, we resolve the question of whether a prospective conservatee has the right to represent himself in proceedings to appoint a conservator. In so doing, we touch upon the greater issue of what rights must be afforded a proposed conservatee in civil commitment proceedings.

The San Joaquin County Public Conservator (the public conservator) filed a petition to appoint a conservator for objector Joel E. (Joel). Following a court hearing at which Joel was adjudged gravely disabled, he requested a jury trial on the conservatorship petition. (Welf. & Inst. Code, § 5350, subd. (d).) Prior to trial, Joel informed the trial court that he wished to represent himself. The court denied Joel’s request and a jury trial followed, at which he was again found gravely disabled.

On appeal, Joel argues he had both a constitutional right and a statutory right to represent himself in these proceedings. We conclude he had neither. Accordingly, we shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2003, the public conservator filed a petition to appoint a conservator for Joel pursuant to section 5350 et seq., alleging he was gravely disabled. An investigation…

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