JOSHUA D. v. Superior Court

Good Law
157 Cal. App. 4th 549·2007 Cal. App. LEXIS 1980·68 Cal. Rptr. 3d 715
Court of Appeal of CaliforniaNovember 30, 2007G038394California5,886 words

Opinion

Opinion

Aronson, J.

Joshua D. seeks writ relief from an order of the superior court compelling him to testify in proceedings initiated by the district attorney to extend his commitment in a juvenile facility because he poses a danger to the public based on an alleged mental illness. (See Welf. & Inst. Code, § 1800 et seq.; further statutory references are to this code unless specified otherwise.) Joshua invokes the constitutional prohibition against compelled testimony in criminal proceedings, but because commitment proceedings are essentially civil in nature, well-established authority requires that we reject this reasoning. Joshua also argues section 1801.5 affords him the right not to testify in these proceedings because it expressly extends to juveniles facing commitment “all rights guaranteed under the federal and state constitutions in criminal proceedings.” We agree the plain language chosen by the Legislature includes not just some of the constitutional rights afforded in criminal proceedings, but “all” of them. We therefore grant the writ petition.

I

FACTUAL AND PROCEDURAL BACKGROUND

The relevant background is brief. The district attorney filed a petition pursuant to section 1800

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