People v. Lee C. (In re Estate of Lee C.)

18 Cal.App.5th 1072

227 Cal.Rptr.3d 626

CONSERVATORSHIP OF the Person and Estate of LEE C.

The People, Plaintiff and Respondent,

v.Lee C., Defendant and Respondent;

Shasta County Public Guardian, Petitioner and Appellant.

C081673

Court of Appeal, Third District, California.

Filed December 29, 2017

Rubin E. Cruse, Jr., County Counsel, James R. Ross, Adam M. Pressman, Deputy County Counsel; Lewis Brisbois Bisgaard & Smith, Kira L. Klatchko, Riverside County, Lann G. McIntyre, and Jeffry A. Miller, San Diego, for Petitioner and Appellant.

Jennifer B. Henning and Janis L. Herbstman, for California State Association of Counties et al. as Amici Curiae on behalf of Petitioner and Appellant.

Stephen Carlton, District Attorney, Brandon Storment, Deputy District Attorney, Pressman, for Plaintiff and Respondent.

Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Respondent.

Duarte, J.

A Murphy conservatorship under the Lanterman-Petris-Short Act (LPS or LPS Act) ( Welf. & Inst. Code, §§ 5000 et seq. ) may be established for criminal defendants who have been found incompetent to stand trial under Penal Code section 1370 ; have a pending information or indictment for a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person; and are presently dangerous. ( Welf. & Inst. Code, § 5008, subd. (h)(1)(B) ; Conservatorship of Hofferber (1980) 28 Cal.3d 161, 176-177, 167 Cal.Rptr. 854, 616 P.2d 836 ( Hofferber ).) The claims in this case require that we discuss both the scope of the public guardian's discretion whether to petition and prosecute for a Murphy conservatorship and the trial court's authority to control and review the exercise of that discretion.

In 2014 a complaint charged Lee C. (L.C.) with corporal injury to a cohabitant. The trial court found L.C. incompetent to stand trial and committed him to a state hospital. After the state hospital reported he was unlikely to be restored to competency in the foreseeable future, his counsel requested a preliminary hearing pursuant to Penal Code section 1368.1. The court then referred L.C. to the Shasta County Public Guardian (Public Guardian) to initiate proceedings for a Murphy conservatorship.

The Public Guardian objected to the referral on the basis that two criteria for a Murphy conservatorship were not met, and also protested that there was no funding to pay for the conservatorship. The trial court ordered the Public Guardian to petition for a Murphy conservatorship. The Public Guardian, represented by (Shasta) county counsel, filed the petition but continued to resist proceeding with the case. The Public Guardian sought to dismiss the petition and vacate the court's order to proceed to a conservatorship trial. On the People's invitation, the court disqualified county counsel and appointed the Shasta County District Attorney to prosecute the petition for a Murphy conservatorship.

The Public Guardian appeals from the disqualification order, claiming it was an unlawful means to control and limit his discretion with respect to Murphy conservatorships. The Public Guardian further contends the trial court erred in its determination that two of the criteria for a Murphy conservatorship had been established; he asserts the pending information was not valid and the charged felony did not involve death, great bodily harm, or a serious threat to the physical well-being of another person. The Public Guardian makes the additional arguments that: (1) the criminal trial court lacked jurisdiction to interfere with conservatorship proceedings assigned to another court; (2) there was no misconduct to discipline with a disqualification order; (3) the order violated the separation of powers doctrine; and (4) the district attorney lacked standing.

The disqualification order was premised on the court's orders to file the petition for the Murphy conservatorship and take the matter to trial. As we will explain, we conclude the court had no authority to make those orders. Accordingly, we vacate the order disqualifying county counsel for its failure to follow the invalid orders.

The trial court did, however, have authority to review the Public Guardian's decision not to file the petition for an abuse of discretion. As to that issue, we agree with the court that the Public Guardian abused his discretion in determining that two criteria for a Murphy conservatorship could not be satisfied, because that determination was based on an incorrect interpretation of the law. However, because the trial court cannot compel the filing of a Murphy conservatorship petition, we vacate the orders to file the petition and take the case to trial.

We remand for further proceedings so the Public Guardian may exercise his discretion in accordance with the law and decide whether to file the petition for a Murphy conservatorship.

FACTUAL AND PROCEDURAL BACKGROUND

Events Leading to Referral to Public Guardian

In April 2014, the People charged defendant L.C. by complaint with corporal injury on a cohabitant ( Pen. Code, § 273.5 ) and a strike prior. The trial court found L.C. incompetent to stand trial and committed him to Napa State Hospital. The state hospital subsequently reported that L.C. would not be restored to competency in the foreseeable future and recommended that the court consider initiating a conservatorship investigation.

The defense requested a preliminary hearing pursuant to Penal Code section 1368.1, which permits defense counsel to request a preliminary examination prior to a competency hearing. At the preliminary hearing, the People presented evidence that L.C. was living with the victim. He ordered her to come in his room and she refused. L.C. put a dog leash around the victim's neck and dragged her to the floor. He then tightened the leash and dragged the victim through the front door and into the front yard, a total of 40 to 50 feet. The victim had trouble breathing and suffered pain, with redness and raised welts on her neck.

At the conclusion of the preliminary hearing, the trial court found probable cause to support all charges and referred the case to the Public Guardian to investigate a Murphy conservatorship for L.C.

The Public Guardian's Objections

The Public Guardian objected to the referral on three grounds. He claimed the preliminary hearing violated L.C.'s due process rights because it was held while L.C. was incompetent; the charge of corporal injury on a cohabitant was insufficiently serious because it did not involve death, great bodily injury, or a serious threat to the well-being of another; and there were no funds to pay for L.C.'s placement at a state hospital. As to the last point, the Public Guardian submitted a declaration stating that it cost $228,500 a year to place a conservatee at a state hospital and the Shasta County Public Guardian did not have those funds.

The court overruled the objections and ordered the Public Guardian to evaluate L.C. for a Murphy conservatorship. In response to the Public Guardian's financial concerns, the court responded its overriding concern was the danger to the community; the issue of funding was not before the court.

The Public Guardian submitted an investigation report. The report concluded that L.C. was a danger to others. However, that same report also concluded the criteria of (1) a pending information, and (2) a charge of a felony involving death, great bodily injury, or a serious threat to the well-being of another were not satisfied. Accordingly, the Public Guardian would not agree to serve as conservator.

The Order to File a Petition

The People requested a hearing on whether the Public Guardian had abused his discretion in failing to file a petition for a Murphy conservatorship. At the hearing, county counsel confirmed that the position of the Public Guardian was that he would not agree to file a petition for a conservatorship. County counsel reiterated the Public Guardian's earlier assertion of two unsatisfied criteria. Further, counsel asserted: "Right now, there isn't a way to pay for this to happen. Now, I will waive every objection we have and proceed with great vigor to a trial against this gentleman if the People or anybody else will step up and pay for the conservatorship."

The trial court found the failure to file a petition was an abuse of discretion and ordered the Public Guardian to file the petition. The trial court apparently believed that if the criteria for a Murphy conservatorship were met—and it found they were here—then a petition must be filed regardless of financial considerations.

The Public Guardian petitioned this court for a writ of mandate to vacate the trial court's order, arguing the filing of a petition was not warranted as all necessary criteria had not been satisfied. This court summarily denied the petition. (Ewert, as Public Guardian v. The Superior Court of Shasta County (C079378, June 19, 2015).)

The Public Guardian filed the petition for a Murphy conservatorship for L.C. The petition stated that in the opinion of the Public Guardian the information had been obtained in violation of L.C.'s due process rights and prayed that the petition not be granted.

Motions to Dismiss the Information

L.C. moved to dismiss the information, both pursuant to Penal Code section 995 and by a non-statutory motion. Both motions were denied. L.C. petitioned this court for a writ of mandate to dismiss the information, arguing that it was error to hold a preliminary hearing under the circumstances. This court summarily denied the petition. (Clark v. Superior Court (C080476, Nov. 6, 2015).)

Order to Proceed to a Conservatorship Trial

The matter was sent back to criminal court after the Public Guardian filed a motion to dismiss the petition. At a hearing (in conservatorship court) held on December 15, 2015, county counsel stated he and his client (the Public Guardian) did not believe the petition for a conservatorship had merit, but they filed it because they were ordered to do...