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Conservatees have no Faretta rights, but do have the right to a Marsden hearing

Los angeles recently published a statement: Conservatees have no Faretta rights, but do have the right to a Marsden hearing. This sounds a little contradicting given what these represent. 

​To begin it is important to under Faretta and Marsden. The Faretta rights are the right for a defendant to have a trial without counsel representing them.. In this case the judge found that the defendant lacked the knowledge to reasonable deny counsel. Upon review the supreme court found that defendants hold the right to refuse counsel but cannot claim that they had ineffective counsel. 

Marsden motions refer to the defendants right to dismiss counsel based on ineffectiveness. The defendant then can speak and address the judge directly. The defendant must demonstrate that the attorney has is not effectively defending them

How does this play a role in LPS.
In LPS cases the conservatee does not have the right to have a hearing without court appointed counsel representing them. However, the law continues to state that they have the right to Marsden motions which means that they do have the right to fire counsel. This begs the question why have the first law written given that the second undoes the purpose of the first. Several questions that arise as a result of this finding is what happens after if the conservatee dismisses counsel if they are not allowed to self represent themselves. Also why are conservatees deprived of this right? If they can demonstrate an understanding of their rights and the legal process through questioning why can they appear on behalf of themselves? More to come....




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Juvenile Dependency Court 
​
2851 Meadow Lark Drive  Dpt 10

San Diego, California 92123
Phone: (858) 634-1600


San Diego Central Courthouse
1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



Office of the Public Conservator
5560 Overland Ave Ste 130
San Diego, California 92123
Phone: (858) 694-3500 ext 2
© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • LPS CONSERVATORSHIP OVERVIEW >
      • POWERS OF CONSERVATOR >
        • Placement Powers
        • Medication powers
  • LPS Conservatorship Case Law
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • In re Ben C- Wende Brief no issue writ
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • YOUR DAY IN COURT
    • Deposition Sample
    • Conservatorship Legal Documents
    • Conservatorship proceedings >
      • Grave Disability
      • Venue
      • Conservator's Bond
      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
      • Riese Hearing >
        • Riese Hearing
      • Supplemental Security Income/ SSI >
        • Applying for SSI
        • Documents for SSI
        • Process and Appeal
        • Award Letter
        • Rep Payee
        • SSI Amounts 2018/2019
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
      • San Diego Public Conservator '19
    • LPS Conservatorship for Dependent Parents and Minors
  • New Updates