San Luis Obispo Cnty. Pub. Guardian v. Heather W. (In Re Heather W.)
199 Cal. Rptr. 3d 689
| Cal. Ct. App. | 2016Background
- San Luis Obispo County Public Guardian petitioned under the Lanterman-Petris-Short (LPS) Act to reappoint Heather W. as conservatee on grounds she is gravely disabled; trial court conducted a bench trial and reappointed the Public Guardian.
- At the 2014 trial the court advised Heather W. of her right to testify but did not advise her of or obtain a personal on-the-record waiver of her right to a jury trial.
- Heather W.'s counsel did not request a jury trial or personally obtain a waiver on the record; the record does not show Heather was told she could choose a jury.
- Psychiatrist testimony established Heather W. has schizoaffective disorder, repeated hospitalizations, lack of insight, refusal of medication, inability to care for herself, and a recommendation for locked placement. Heather W. testified she was competent and could live independently.
- The trial court found Heather W. gravely disabled beyond a reasonable doubt and ordered conservatorship with authority to detain and place her in a suitable facility.
Issues
| Issue | Plaintiff's Argument (Public Guardian) | Defendant's Argument (Heather W.) | Held |
|---|---|---|---|
| Whether court must obtain an on-the-record personal waiver of the right to a jury trial from an LPS proposed conservatee | Trial counsel's waiver (or silence) is sufficient; no reversible error because evidence supports conservatorship | Court must personally advise proposed conservatee of jury right and obtain personal on-the-record waiver unless court finds lack of capacity | Reversed and remanded: court erred by not advising Heather W. of jury right and not obtaining personal waiver absent a finding she lacked capacity to waive |
| Whether counsel may waive a jury trial decision for the conservatee without a capacity finding | Counsel can waive if client authorized or lacks capacity; prior authority supports counsel waiver | Following Blackburn/Tran, decision belongs to the proposed conservatee unless substantial evidence shows lack of capacity | Counsel may waive only when substantial evidence shows conservatee lacks capacity; absent that, waiver must be personal and on the record |
| Whether the trial court's comments and alleged burden-shifting undermined the gravely disabled finding | Comments reflect consideration of confinement level and evidence; no reversal required | Court's remarks shifted burden and relied on counsel, undermining finding | Court did not abuse discretion on those collateral comments; gravely disabled finding supported by evidence |
| Whether the error was harmless given substantial evidence of grave disability | Substantial evidence makes error harmless | Denial of jury is structural; cannot be deemed harmless unless record affirmatively shows incapacity at time of counsel's waiver | Error not harmless on this record; remand required so trial court can determine if conservatee lacked capacity at time of waiver |
Key Cases Cited
- Conservatorship of Roulet, 23 Cal.3d 219 (Cal. 1979) (due process requires proof beyond a reasonable doubt and a unanimous jury in LPS conservatorship proceedings)
- People v. Blackburn, 61 Cal.4th 1113 (Cal. 2015) (defendant must personally decide to waive jury; court must elicit waiver on record unless capacity lacking)
- People v. Tran, 61 Cal.4th 1160 (Cal. 2015) (same rule for NGI/hospital commitment extensions; acceptance of counsel's waiver without capacity finding may require reversal unless record shows incapacity)
- Conservatorship of Kevin A., 240 Cal.App.4th 1241 (Cal. Ct. App. 2015) (applies Blackburn/Tran reasoning to LPS commitment extensions)
- Conservatorship of John L., 48 Cal.4th 131 (Cal. 2010) (discusses public protection and treatment goals in commitment contexts)
- Conservatorship of Mary K., 234 Cal.App.3d 265 (Cal. Ct. App. 1991) (pre-Blackburn case where counsel stated client wished to waive jury)
- Conservatorship of Guerrero, 69 Cal.App.4th 442 (Cal. Ct. App. 1999) (evidentiary sufficiency to support gravely disabled finding)