Xxxxx
xxxxxxxxxxxxxxxxxxx
xxxxxxxxx,
xx xxxxx
(xxx)
xxx-xxxx
In
Propria Persona
IN THE
SUPERIOR COURT OF THE STATE
OF
FOR THE COUNTY OF xxxxxxxx
JUVENILE DIVISION
DEPARTMENT xxx
I
I, Xxxxx S. Xxxxx am the defendant and movant in the above named matter, and comes now before the above named court to hear and grant this motion to relieve the minor, Xxxxx Xxxxx court appointed counsel, Mr. Mike Xxxxx[1] for cause. Movant has filed this motion previously, but now has new evidence that clearly establishes movant’s contentions (see exhibit “A” declaration of the minor Xxxxx Xxxxx). This new evidence reinforces movant’s claims so stated below (1-4). The fact being that this court and minor’s counsel labeled the prior motion as “theory” when in fact coupled with exhibit “A” gives credence to the following:
1) Minor’s counsel has
continually failed to follow requisite duties as a diligent advocate on behalf
of the minor, in that minor’s counsel has failed to properly initiate any good
faith investigations, interview any witnesses, failure to recognize issues in
police reports & evaluations to the best interests of his client, and
failure to investigate the needs of the minor beyond the scope of the Juvenile
Court. See § 317(e)[2],
(also see exhibit “A”).
2) Failure of minor’s counsel
investigate and to utilize and act upon reports and evaluations from local
agencies, hospitals, medical and non-medical practitioners, or by child care
custodians, in the manner described by § 1158 of the
3) After the initial detention
phase of this proceeding, it took nearly fourteen months before the minor’s
counsel ever met with his client, from March 15, 1999, to April 27, 2000, and
the minor reported this to her sibling (see exhibit “A”).
4) Because of the
aforementioned failures, minor’s counsel has continually caused a detriment to
the minor by using as the only basis for his advocacy, the social workers
reports & recommendations of which, was based on false statements of the
minor, counsel’s client. This has resulted in minor’s counsel’s failure to
support services that are required for his clients’ emotional well-being and
future. See §§ 317(c) & 317.5(a), (see exhibit “A”).
A.
A PARENT HAS A RIGHT TO
RAISE
ISSUES OF MONOR’S COUNSEL’S
COMPETENCY AT TRIAL COURT OR
ON APPEAL
“"Where
the interests of two parties interweave, either party has standing to litigate
issues that have a[n] impact upon the related interests. This is a matter of
first party standing." (In re Patricia E. (1985) 174
Cal.App.3d 1, 6 [father and daughter had interest in both her welfare
and the parent-child relationship so father could assert daughter's right to
competent counsel].)”, (as cited in, In re Caitlin B. (2000) 78 Cal.App.4th
1190. A parent has interwoven and over-lapping interests in regards to
the parent-child relationship. (In re Caitlin B., Supra; In re
Melissa S. (1986) 179 Cal.App.3d 1046, 225 Cal.Rptr.195)).
B.
MINOR’S COUNSEL’S FAILURES
HAVE
CAUSED SEVERE DETRIMENTS TO
THE MINOR AND MINOR’S FAMILY
Minor’s counsel has failed
to investigate, review records and reports concerning the minors credibility,
and has laxly relied on the social worker’s reports and recommendations that
are filled with the minor, Xxxxx Xxxxx “LIES”. Both the minor’s counsel and the
social worker have failed this minor miserably in this aspect. The resulting
detriments are a lack of visitation of which is crucial to reunification and
thus denies our familial integrity. See U.S. Const. Amend I (also
see exhibit “A”).
The minor’s “counsel
shall investigate the interests of the minor beyond the scope of the juvenile
proceeding and report to the court other interests of the minor that may need
to be protected by the institution of other administrative or judicial
proceedings”…See § 317(e). “A primary responsibility of any counsel
appointed to represent a minor pursuant to this section shall be to advocate
for the protection, safety and physical and emotional well-being of the
minor”. See § 317(c). Is not the future of the minor a key and
essential part of the foregoing, yet, minor’s counsel conveniently ignore
and evade the minors serious problems that led to these proceedings as well as
the minor’s wishes (see exhibit “A”). In the social workers report
(signed, 9/6/00), pursuant to § 366.22, in a “Xxxxx County Mental Health,
Comprehensive Assessment/Client Plan”, Dated 7/12/00, at page 2 (of 4), at
the heading “Client’s Strengths and Challenges”, “Lies when in trouble, does
not accept responsibility for her actions”… Defendant has continually
emphasized this throughout these proceedings, yet the answer to the truth is
presently before all parties and not even a mere mention in the social worker’s
recommendations nor have there been any recommendations by minor’s counsel to
alleviate this possible future demise of this minor. For many penal code
sections make it a crime to willfully give false statements (under oath), or
false information (as to a police officer). Rewarding a minor for a crime is
contrary to any known public policy and lacks at a minimum any common sense.
C.
MINOR’S COUNSEL HAS FAILED
HIS FIDUCIARY DUTY TO HIS
CLIENT
The foregoing inclusive,
minor’s counsel has failed miserably at being the diligent advocate on behalf
of his client (see People v. Marsden (1970) 2 Cal.3d 398, 118, 84 Cal.Rptr.
156),(also see exhibit “A”). Minor’s counsel’s failures are a
breach of his fiduciary responsibility to his client and gives the
appearance of professional misconduct (see Jackson v. State Bar (1979) 25
Cal.3d 398).
It is the responsibility of
this Court to “exercise reasonable direction and control over the conduct of
those persons subject to the judge’s direction and control” (see
judicial Canon 3 (three)), in regard’s to this Court’s roll and
responsibility of “Parens Patriae” in regards to the minor Xxxxx Xxxxx (In
re Corey (1964) 230 Cal.App.2d 813, 41 Cal.Rptr. 379), In this present
matter counsel needs some direction or control (see exhibit “A”), and
must be replaced.
Because of the foregoing and resulting detrimental results,
minor’s counsel must be relieved and replaced with an independent counsel that
will represent the best interests of the minor as well as their future
well-being, before it is to late.
DECLARATION
I, Xxxxx S. Xxxxx, am the movant and defendant in this matter and declare that the foregoing is true and correct as to my own belief knowledge, that I am over the age of eighteen, am a resident of the County of Xxxxx.
Executed this 12th Day of December, 2001. Executed at the County of Xxxxx, in the State of California.
RESPECTFULLY SUBMITTED!
__________________________
Xxxxx S. Xxxxx
Declarant/Movant/defendant
In Propria Persona