San Diego County Department of Social Services v. Warrack

In this case we must determine whether the constitutional right to due process of law prohibits physical restraint of a proposed conservatee during a jury trial under the Lanterman-Petris-Short (LPS) Act (Welf. & Inst. Code, § 5000 et seq.) in the absence of facts showing such restraint is manifestly necessary. We conclude fundamental fairness precludes such physical restraint unless the procedures outlined by the Supreme Court in People v. Duran (1976) 16 Cal.3d 282, 288-291 [ 127 Cal.Rptr. 618 , 545 P.2d 1322 , 90 A.L.R.3d 1 ] have been followed.

Steven Noel Warrack appeals from a judgment following a jury trial which determined he was gravely disabled and ordered reestablishment of his LPS conservatorship. Warrack contends the judgment should be reversed because he was physically restrained in the presence of the jury and that the trial court failed sua sponte to give the jury a cautioning instruction relating to those physical restraints. We find no error in restraining Warrack and find the trial court’s failure to instruct harmless on this record. We therefore affirm.

Facts and Procedural Background

Since Warrack does not claim the evidence is insufficient to…