In Re Jesse G.

In this case, we hold that a referee who takes on the role of both judge and advocate in a contested juvenile court proceeding, by presenting and questioning the sole witness and then adjudicating the minor’s status, acts in violation of the minor’s constitutional right to procedural due process.

Appellant Jesse G. appeals from an order in a juvenile proceeding adjudging him a ward of the court, removing him from the custody of his mother and ordering him suitably placed in the care, custody and control of the probation officer. We reverse.

PROCEDURAL HISTORY

The chief probation officer of Los Angeles County filed a petition alleging appellant was a minor who came within the provisions of Welfare and Institutions Code section 601. The petition alleged appellant left home without permission on two occasions. Appellant denied the allegation.

The juvenile court sustained the petition, declared appellant a ward of the court and ordered appellant to be suitably placed. Appellant timely appealed from the findings and order.

FACTS

The petition alleged that appellant left home for three days without permission on two occasions: August 2 through 5, 2003, and September 13…