County of Los Angeles v. Simeth
County of Los Angeles v. Simeth
Opinion of the Court
Opinion
J.—Appellant, Rosemarie Simeth, having appealed from an order after an adjudicatory disposition held in the juvenile court, finding and declaring her minor daughter a dependent child, pursuant to section 600, subdivision (a) of the Welfare and Institutions Code, now moves that counsel be appointed to represent her on appeal. The order appealed from removes the child from the mother’s custody. Unless the order is modified pursuant to section 775 et seq., Welfare and Institutions Code,
Appellant’s motion by Western Center on Law & Poverty, temporary counsel appearing as amicus curiae, is supported by compelling declarations and a consúmate brief. An amicus brief was requested by this court and filed by Joseph P. Busch, District Attorney of Los Angeles County, and upon request of this court, a brief has also been filed by the Attorney General.
Appellant’s amicus argues convincingly that this court has the inherent, constitutional and statutory authority to make such appointment.
This court in respect of the same question has previously decided that we had no statutory authority. (In re Robinson, 8 Cal.App.3d 783 [87 Cal.Rptr. 678].)
This court has reconsidered In re Robinson in the light of the statutory changes pointed out in the above excerpt and holds without discussion of or resort to any independent constitutional or inherent power it may have
The motion is granted.
Compton, J., concurred.
Certiorari denied sub nom. Kaufman v. Carter, 402 U.S. 964 [29 L.Ed.2d 128, 91 S.Ct. 1624].
Robinson was apparently followed in In re George S. (1971) 18 Cal.App.3d 788 [96 Cal.Rptr. 203] and In re Joseph T. (1972) 25 Cal.App.3d 120 [101 Cal.Rptr. 606].
Concurring Opinion
I concur on the ground that appointment of appellate counsel in juvenile court proceedings under Welfare and Institutions Code section 600 is now implicitly authorized by rule 251
On August 21, 1974, the opinion was modified to read as printed above.
“In juvenile court proceedings in which the minor is found to be a person described by Section 600, 601, or 602 of the Welfare and Institutions Code . . . The juvenile court judge . . . shall advise ... the minor and, if present, his parent . . . of any right to appeal from such order, of the necessary steps and time for taking an appeal, and of the right of an indigent person to have counsel appointed by the reviewing court." (Italics added.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.