JANET O. v. Superior Court

Janet O. and Alfonso M., Sr., have petitioned this court for an extraordinary writ of mandate directing the superior court to set aside its order of July 6, 1995, relieving counsel for petitioners.

We are asked to decide whether Welfare and Institutions Code section 317, which permits the appointment of counsel for indigent parents in dependency cases, authorizes the court to relieve counsel upon being presented with evidence indicating that the parents have lost interest in the proceedings and no longer desire counsel. We conclude that counsel may be relieved, but only upon proper notice to their clients.

I. Factual and Procedural Background

On June 19, 1989, Vincent M. (age four years), Isidro M. (age three years), and Valerie M. (age three days) were declared dependents of the court pursuant to section 300. The mother of all three minors is petitioner Janet O. The father of Valerie is alleged to be petitioner Alfonso M. Both petitioners appeared for the detention hearing. The court appointed Mary L. Baca to represent the mother, and Kathy Klein to represent the father.

On August 16, 1989, the petition was sustained as to all three minors. Valerie was placed with…