Bracher

Bracher v. Superior Court

Good Law
141 Cal. Rptr. 3d 316·2012 Cal. App. LEXIS 577·205 Cal. App. 4th 1445·2012 WL 1716723
Court of Appeal of CaliforniaMay 16, 2012No. C069958California4,176 words

Opinion

Lead Opinion

Hull, J.

This petition for writ of mandate or prohibition was filed on behalf of three defendants who were charged with misdemeanor offenses in three separate cases. The El Dorado County Public Defender’s Office represented the petitioners. Each petitioner asked the El Dorado County Superior Court to allow counsel to appear for the petitioner at a readiness and settlement conference and to excuse the petitioner from personally appearing. The trial court denied each request and required the petitioner’s personal appearance at the conference.

Petitioners assert that the trial court acted pursuant to a blanket policy supported by the Superior Court of El Dorado County, Local Rules, rule *1448 5.11.02 (Local Rule 5.11.02). Petitioners claim the court violated state law allowing misdemeanor defendants to appear through counsel unless the court finds good cause based on the particular facts and circumstances of the case.

As we shall explain, petitioners’ arguments have merit. Penal Code section 977, subdivision (a)(1) provides that in misdemeanor cases, a defendant “may appear by counsel only” except as otherwise provided by the statute. (Unless otherwise specified, statutory…

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