Wilkinson

People v. Wilkinson

Good Law
110 Cal. Rptr. 3d 776·185 Cal. App. 4th 543·2010 Cal. App. LEXIS 857
Court of Appeal of CaliforniaJune 9, 2010F057537California3,144 words

Opinion

Opinion

Cornell, J.

Shelbe Wilkinson was found to be a mentally retarded person pursuant to Welfare and Institutions Code section 6500. She argues the commitment must be reversed because her attorney waived her appearance at the hearing without consulting with her and against her expressed desire to be present. She also asserts that the trial court’s order was not supported by substantial evidence.

We agree that the trial court erred in accepting the attorney’s waiver of Wilkinson’s right to be present at the hearing over her objection. Ample case law recognizes that a proposed conservatee has the right under the due process clauses of the federal and state Constitutions to be present at a hearing that could result in the substantial deprivation of liberty. We also conclude the error was not harmless and reverse the trial court’s order. We also address, and reject, Wilkinson’s remaining arguments.

Finally, the People contend that Wilkinson is incompetent to appeal from the trial court’s order and, even if she has the right to appeal, she is not entitled to appointed counsel. We reject these arguments as unsupported by logic or authority.

FACTUAL AND PROCEDURAL SUMMARY

The Kern County…

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