Trial Court Transcript
ON THE ISSUE OF RIGHT TO JURY TRIAL AND WAIVER OF THAT RIGHT
“THE COURT: [L]et's go ahead. I do believe the other parties are back here. They may come back into court now that we've had this confidential hearing.
**241 “Okay. We're going back on record with all parties present here in the matter of the conservatorship of [Kevin A.] [¶] ... [¶] ... I think we're ready to proceed. The matter was assigned to this court for a jury trial.
“But, [conservatee's counsel], you wish to be heard on that—that issue.
“[CONSERVATEE'S COUNSEL]: Yes, your Honor. I'm prepared to enter a waiver of jury trial at this point and have a court trial in this case. And I have the authority of People vs. Conservatorship of Maldonado, 173 Cal.App.3d 144 [218 Cal.Rptr. 796].
*1247 “THE COURT: Okay.
“[CONSERVATEE'S COUNSEL]: I'm sorry. Yes. I'd like to enter waiver of jury trial pursuant to the case of Conservatorship of Maldonado.
“THE COURT: [Does] petitioner wish to be heard on that issue?
“[PUBLIC CONSERVATOR'S COUNSEL]: We have no objection to waiving the jury trial today, your Honor.
“THE COURT: Okay. [Kevin A.]
“[KEVIN A.]: I—I would like a full jury trial, please, your Honor, for today.
“THE COURT: What's your position with regard to your client's wish, [conservatee's counsel]?
“[KEVIN A.]: Denial of due process.
“[CONSERVATEE'S COUNSEL]: I believe that because the jury trial right in this case is a statutory right, it could be waived by counsel. It could be waived by [Kevin A.]'s attorney.
“THE COURT: I take it, you know, goes without saying that you believe what's in your client's best interest to waive statutory right to jury trial under the circumstances that exist at this time.
“[CONSERVATEE'S COUNSEL]: Yes, your Honor.
“THE COURT: Okay. I'm going to grant the waiver. My understanding is for conservatorship proceedings, it's a statutory right, and it's counsel's determination that it's in his client's best interest to do so; so, I find that that's a valid waiver, and I'll grant that waiver.
“[KEVIN A.]: It's—it's invalid. Your Honor, for a clarifying question—can I ask a clarifying question?
“THE COURT: Talk to your attorney....
“[KEVIN A.]: I can't ask a clarifying question?
“THE COURT: You cannot, sir.
“[KEVIN A.]: Okay.
*1248 “THE COURT: Do you want to take a break, talk to your lawyer.
“[KEVIN A.]: I had a quick question. Don't take a break. Just one question.
“Your Honor, he doesn't makes [sic ] sense. He says I don't have a constitutional right to a jury trial. What are we here for? I don't have the constitutional right to have a trial? Why am I here?
“THE COURT: Because we're going to have a trial in front of the Court; not a jury.
“[KEVIN A.]: He said I have a constitutional right to have a jury. Why am I not--
“THE COURT: No, you do not.
“[KEVIN A.]: I do not have a constitutional right?
“THE COURT: You only have a right by California statute, sir. That statutory right is different from a constitutional right and may be waived by your attorney if he feels it's appropriate to do so. [He] has made that determination, so the Court has accepted that.”
“THE COURT: [L]et's go ahead. I do believe the other parties are back here. They may come back into court now that we've had this confidential hearing.
**241 “Okay. We're going back on record with all parties present here in the matter of the conservatorship of [Kevin A.] [¶] ... [¶] ... I think we're ready to proceed. The matter was assigned to this court for a jury trial.
“But, [conservatee's counsel], you wish to be heard on that—that issue.
“[CONSERVATEE'S COUNSEL]: Yes, your Honor. I'm prepared to enter a waiver of jury trial at this point and have a court trial in this case. And I have the authority of People vs. Conservatorship of Maldonado, 173 Cal.App.3d 144 [218 Cal.Rptr. 796].
*1247 “THE COURT: Okay.
“[CONSERVATEE'S COUNSEL]: I'm sorry. Yes. I'd like to enter waiver of jury trial pursuant to the case of Conservatorship of Maldonado.
“THE COURT: [Does] petitioner wish to be heard on that issue?
“[PUBLIC CONSERVATOR'S COUNSEL]: We have no objection to waiving the jury trial today, your Honor.
“THE COURT: Okay. [Kevin A.]
“[KEVIN A.]: I—I would like a full jury trial, please, your Honor, for today.
“THE COURT: What's your position with regard to your client's wish, [conservatee's counsel]?
“[KEVIN A.]: Denial of due process.
“[CONSERVATEE'S COUNSEL]: I believe that because the jury trial right in this case is a statutory right, it could be waived by counsel. It could be waived by [Kevin A.]'s attorney.
“THE COURT: I take it, you know, goes without saying that you believe what's in your client's best interest to waive statutory right to jury trial under the circumstances that exist at this time.
“[CONSERVATEE'S COUNSEL]: Yes, your Honor.
“THE COURT: Okay. I'm going to grant the waiver. My understanding is for conservatorship proceedings, it's a statutory right, and it's counsel's determination that it's in his client's best interest to do so; so, I find that that's a valid waiver, and I'll grant that waiver.
“[KEVIN A.]: It's—it's invalid. Your Honor, for a clarifying question—can I ask a clarifying question?
“THE COURT: Talk to your attorney....
“[KEVIN A.]: I can't ask a clarifying question?
“THE COURT: You cannot, sir.
“[KEVIN A.]: Okay.
*1248 “THE COURT: Do you want to take a break, talk to your lawyer.
“[KEVIN A.]: I had a quick question. Don't take a break. Just one question.
“Your Honor, he doesn't makes [sic ] sense. He says I don't have a constitutional right to a jury trial. What are we here for? I don't have the constitutional right to have a trial? Why am I here?
“THE COURT: Because we're going to have a trial in front of the Court; not a jury.
“[KEVIN A.]: He said I have a constitutional right to have a jury. Why am I not--
“THE COURT: No, you do not.
“[KEVIN A.]: I do not have a constitutional right?
“THE COURT: You only have a right by California statute, sir. That statutory right is different from a constitutional right and may be waived by your attorney if he feels it's appropriate to do so. [He] has made that determination, so the Court has accepted that.”