Dreiling

The petition challenges the order of Honorable Wayne R. Ellison that Deputy Public Defender Ron Perring act as “stand-by counsel” and attend Mr. Keith David Goodwin’s trial so that he would be available to pick up the case immediately should the court withdraw Goodwin’s self-representation. Petitioner contends this is unlawful in that it violates Government Code section 27706 concerning what services the county public defender can provide. We agree and therefore grant the peremptory writ of mandate requested by petitioner.

Statement of the Case and Facts

Mr. Goodwin’s first trial resulted in a mistrial because of a hung jury. Thereafter, Mr. Goodwin successfully moved to represent himself in his new trial. The court granted the motion and ordered Deputy Public Defender Perring to “remain as stand-by counsel, meaning he is going to be sitting in the audience in this case throughout the trial. And if there is any problem at all where you’re relieved as your own attorney, he is going to step right into the case and we’re going to continue as if there had been no interruption in the proceedings, if you understand what I’m saying.” The court stated that it would be…