Antonio G. v. Superior Court

This petition is on behalf of a juvenile ward of the court. It seeks a ruling from this court reversing the denial by the superior court judge of a peremptory challenge filed on behalf of the minor. The challenge was filed in connection with a juvenile court hearing of a supplemental petition brought under Welfare and Institutions Code section 777, which alleged that the minor’s previous disposition on probation had not been effective in his rehabilitation. We granted a stay of the juvenile court proceedings and issued an order to show cause why the petition should not be granted. Being now fully briefed on the issue, and having entertained oral argument from the petitioner and the real party in interest (RPI), we conclude that the minor is not entitled to a peremptory challenge under the circumstances of this case, and therefore deny the petition.

Background

The history of the case leading to the hearing in question is as follows: The minor was made a ward of the court in 1989 after a finding that he had unlawfully possessed a controlled substance for sale. In October 1992 a supplemental petition under sections 602 and 777 was filed which alleged violation by the minor…