Ventura Cty. Public Health v. Adalberto M.

Adalberto M. appeals from the trial court’s orders enforcing and extending a civil order of detention for tuberculosis treatment issued against him by the Public Health Officer of Ventura County requiring that he be detained while he completes a course of treatment for tuberculosis. (Health & Saf. Code, §§ 121365, subd. (d), 121366.) He contends the orders are “void” because the trial court deprived him of due process and equal protection by (1) failing to appoint counsel to represent him before an initial hearing, and (2) failing to require a unanimous jury verdict using the reasonable doubt burden of proof on the questions of whether he could be relied upon to complete the course of treatment and follow infection control precautions. (§ 121365, subd. (e)(1).)

Appellant has a statutory right to be represented by counsel at the hearing to enforce the civil order of detention for tuberculosis. (§ 121366.) The trial court erred by conducting the initial hearing on August 29, 2006, without first appointing counsel or inquiring of appellant personally whether he wished to be represented by counsel. The remedy for that violation, however, is not a declaration that the initial…