Conservatees who have had either a jury trial or bench trial and were adjudicated to be gravely disabled have the right to one appeal. They can appeal the judgement by the lower court and ask that a high court review the decision of the trial court. It is important to know that when making a petition for appeal, the appellate court will be looking at the record. No new evidence will be admitted, only the record made by the trial court will be reviewed.
Conservatees can contact the attorney and ask that a notice of appeal be filed. There will be two options for the court of appeals to do once they receive a notice of appeal. They can either grant review or send back a no issue notice (Ben C brief). It is important to know that there are lots of appeals coming in so the wait time can take a while and that no issue briefs can be common as many conservatees file appeals for issues they think are substantial but the reviewing panel attorney may disagree.
It is also key to know that the LPS conservatorship will stay in place until a stay has been ordered by the court of appeals or the judgement is reversed.
For Attorneys
LPS Conservatee appellants are not entitled to de novo review in re. Conservatorship of Ben C. (2007) 40 Cal.4th 529. The reviewing panel attorney who gets the notice of appeal can review the record and make return a no issue brief if they consider that there are no arguable issues. That is why as trial counsel, there should always be an effort made to preserve the record for appeal. This is all the appellate court has to review. Appellate counsel should supply conservatee appellant with a copy of the Ben C brief and advise them of the right to file a supplemental brief.
Appellate panel attorneys should consult with supervising attorneys to ensure that are no appealable issues as to prevent conflict and confusion if the court later finds appealable issues.
If contact with the client has been lost, a Wende brief should not be filed until reasonable efforts have be made to find the conservatee. Search records or ask trial counsel for aid.
NOTE:
Conservatorship of Jones (1989) 208 Cal.App.3d 292,
Court of Appeal held that a denial of a rehearing petition over LPS conservatorship status W&I Code § 5364 is an appealable order.
Conservatees can contact the attorney and ask that a notice of appeal be filed. There will be two options for the court of appeals to do once they receive a notice of appeal. They can either grant review or send back a no issue notice (Ben C brief). It is important to know that there are lots of appeals coming in so the wait time can take a while and that no issue briefs can be common as many conservatees file appeals for issues they think are substantial but the reviewing panel attorney may disagree.
It is also key to know that the LPS conservatorship will stay in place until a stay has been ordered by the court of appeals or the judgement is reversed.
For Attorneys
LPS Conservatee appellants are not entitled to de novo review in re. Conservatorship of Ben C. (2007) 40 Cal.4th 529. The reviewing panel attorney who gets the notice of appeal can review the record and make return a no issue brief if they consider that there are no arguable issues. That is why as trial counsel, there should always be an effort made to preserve the record for appeal. This is all the appellate court has to review. Appellate counsel should supply conservatee appellant with a copy of the Ben C brief and advise them of the right to file a supplemental brief.
Appellate panel attorneys should consult with supervising attorneys to ensure that are no appealable issues as to prevent conflict and confusion if the court later finds appealable issues.
If contact with the client has been lost, a Wende brief should not be filed until reasonable efforts have be made to find the conservatee. Search records or ask trial counsel for aid.
NOTE:
Conservatorship of Jones (1989) 208 Cal.App.3d 292,
Court of Appeal held that a denial of a rehearing petition over LPS conservatorship status W&I Code § 5364 is an appealable order.