Morris v. Superior Court

Petitioner Phyllis Morris’ office, the Public Defender for San Bernadino County, represented Ruth Zapata Lopez, a nonparty to this petition, in a case alleging she committed two misdemeanors by driving while under the influence of alcohol and/or drugs. Acting on Lopez’s behalf, petitioner’s office successfully moved to suppress evidence supporting the State’s case. Both counts were eventually dismissed in the interest of justice. The State appealed the suppression motion on the same day. A deputy public defender filed a request with the Appellate Division of the Superior Court of San Bernardino County to appoint counsel for Lopez on appeal. Court clerks informed counsel that Lopez was not eligible for appointment of counsel on appeal. According to the deputy public defender, the reason provided was that Lopez “was the respondent, and the respondent on a misdemeanor appeal is not entitled to appointed counsel.” In an e-mail attached to the petition, the same deputy public defender asserts a court clerk told him the appellate division’s position was that petitioner’s office still represented Lopez. Petitioner filed an earlier petition (case No. E066181) challenging this policy. Petitioner argued the United States Constitution obligated the Superior Court of San Bernardino County to appoint counsel for all indigent defendants in the appellate division. While the Court of Appeal agreed that a defendant acting as respondent in the appellate division would likely fare better with an attorney than without one, “showing that something might be procedurally better is not the same as showing that the state is obligated to provide it.” The Court concluded petitioner failed to show why appointment of counsel for respondents in the appellate division, as much as it might conceivably benefit those respondents, was constitutionally mandated. View "Morris v. Superior Court" on Justia Law