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2024 California Rules of Court

Rule 7.2230. Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1))

(a) Appointment

If the court finds that the petitioner has made a prima facie showing that the respondent is or may be a person described by section 5972, the court must, in accordance with procedures established by local rule:

(1)  Appoint a qualified legal services project as counsel to represent the respondent; or

(2)  If no qualified legal services project has agreed to accept CARE Act appointments from the court, appoint a public defender or an attorney acting in that capacity to represent the respondent.

(b) Copy of petition

On appointment, the court must provide a copy of the petition packet to appointed counsel.

(c) Substitution (§ 5977(b)(1))

(1)  The court may relieve appointed counsel:

(A)  At the request of counsel or the respondent, on substitution of the respondent's own chosen counsel or appointment of substitute counsel; or

(B)  For cause, on appointment of substitute counsel.

(2)  The respondent must make arrangements for the compensation, if any, of chosen counsel.

Rule 7.2230 adopted effective September 1, 2023.

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