King

The trial court denied appellant, a developmentally disabled person, a jury trial. Thus, this appeal raises the question whether such a person is entitled to a jury trial upon request in a commitment proceeding pursuant to Health and Safety Code sections 38009.1 and 38009.2. 1 We conclude that these persons are so entitled even though there is no express statutory provision for jury trials in these proceedings.

Where proceedings result in substantial loss of personal liberty, the state acts unconstitutionally, i.e., in violation of the equal protection clauses of the California and the United States Constitutions, if it grants jury trials to some groups while denying them to others, unless the different treatment is shown to be necessary to achieve a compelling state interest. (In re Gary W., 5 Cal.3d 296, 306-307 [ 96 Cal.Rptr. 1 , 486 P.2d 1201 ].)

*862 We held in O’Brien v. Superior Court, 61 Cal.App.3d 62, 69 [ 132 Cal.Rptr. 13 ] [hg. den., Oct. 14, 1976] that allegedly mentally retarded persons who are a danger to themselves or others are entitled to jury trial upon request in commitment or recommitment proceedings. There is no express statutory provision for jury…