TIMOTHY J. v. Superior Court

In this consolidated writ proceeding, 11-year-old Dánte H. (Dante) and 13-year-old Timothy J. (Timothy) seek review of the denial of their petitions for writ of mandate and requests for stay of juvenile delinquency proceedings in the juvenile court. (Welf. & Inst. Code, § 602.) They ask that we overrule the court’s rejection of their claims of incompetency to stand trial under California Rules of Court, former rule 1498(d) (hereafter rule 1498(d)). We issued an order to show cause pursuant to the order of the Supreme Court.

Rule 1498(d) requires the juvenile court to stay the proceedings and conduct a hearing regarding the minor’s competency to stand trial if the court finds a reason to doubt that the minor who is the subject of a petition filed under section 602 of the Welfare and Institutions Code (602 petition) “is capable of understanding the proceedings or of cooperating with the child’s attorney . . . .” It directs that “[i]f the court finds that the child is not capable of understanding the proceedings or of cooperating with the attorney, the court shall proceed under [Welfare and Institutions Code] section 6550 and sections (a)-(c) of this rule.” (Rule…