Daryl K. v. Superior Court

*815 Opinion

We have consolidated the above entitled cases for purposes of oral argument and decision. In both cases we have issued in response to petitions filed by the Los Angeles County Public Defender alternative writs of mandate directing the respondent Juvenile Court of the County of Los Angeles to vacate its orders detaining the petitioning minors (Daryl K. and Kenneth P.) in county jail during the pendency of adult court proceedings against them and to enter instead an order detaining them in juvenile hall or to show cause before us why we should not mandamus it to do so. Respondent court has filed a return and answer to our alternative writs of mandate.

The issue posed by these proceedings is in large part a question of statutory construction. For many years the Welfare and Institutions Code has contained a two-sentence section, now numbered 207 and formerly numbered 507 and 731, reading currently as follows: “No court, judge, referee, or peace officer shall knowingly detain in any jail or lockup any person under the age of 18 years, unless a judge of the juvenile court shall determine that there are no other proper and adequate facilities for the care and detention…