Joshua People v. Super. Ct.

In a juvenile delinquency proceeding on one of many petitions filed against Joshua P. over the course of three years, the juvenile court relieved the Public Defender of Los Angeles County as Joshua’s counsel because it believed he was entitled to “continuous representation” by a conflict attorney who had been appointed on an earlier juvenile petition.

In this writ of mandate petition, Joshua challenges the court’s removal of the public defender as his attorney. The superior court opposes the petition, contending (1) the public defender may not represent a minor in delinquency proceedings unless appointed by the court; (2) the public defender may not make contact with a minor who is a ward of the court outside the presence of previously appointed conflict counsel; and (3) a conflict attorney appointed on a prior petition must be reappointed on any subsequent petition.

We conclude that when a minor, who in earlier juvenile proceedings was represented by a conflict attorney and declared a ward of the court, is charged in a subsequent petition, the public defender must reevaluate the minor’s situation and offer representation if the conflict no longer exists and other…