While sitting as a Commissioner in the Juvenile Court, there are three published appeals. Frank was the first bench officer to allow the press into a juvenile court dependancy trial. He was affirmed on all three cases.
San Bernardino County Dept. of Public Social Services v. Superior Court , 232 Cal.App.3d 188
[No. E009021. Fourth Dist., Div. Two. July 12, 1991.]
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES et al., Petitioners, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE SUN NEWSPAPER, Real Party in Interest.
(Superior Court of San Bernardino County, Nos. J-120219, J-120220, J-120221, J-120222, J-120223, J-120224 and J-120225, Frank O. Tetley, Temporary Judge. fn. * )
(Opinion by Hollenhorst, Acting P. J., with Timlin and McKinster, JJ., concurring.)
COUNSEL
Alan K. Marks, County Counsel, Linda C. Stern, Deputy County Counsel, David L. McKenna, Public Defender, Joseph M. Petrasek, Deputy Public Defender, Juarez & Vega, John N. Vega, Howard, Friedman & Gebbie and Gloria Gebbie for Petitioners.
No appearance for Respondent.
Thompson & Colegate and James D. Ward for Real Party in Interest.
OPINION
HOLLENHORST, Acting P. J.
In this case, we hold that the constitutionality protected public right of access to trials and pretrial proceedings in criminal cases does not extend to juvenile dependency proceedings. However, memembers of the press are persons having a "direct and legitimate interest in the work of the court" and may be permitted to attend such proceedings in the exercise of the juvenile court's discretion under Welfare and Institutions Code fn. 1 section 346. In this case, however, the juvenile court abused its discretion in allowing The Sun Newspaper (Sun), real party in interest, to attend the proceedings subject to limitations on its right to investigate and publish.
In re Jessica F. , 229 Cal.App.3d 769
[No. E008074. Fourth Dist., Div. Two. Apr. 24, 1991.]
In re JESSICA F., a Person Coming Under the Juvenile Court Law.
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. DELORES F., Defendant and Appellant.
[Opinion certified for partial publication. fn. * ]
(Superior Court of San Bernardino County, No. J-101988, Frank O. Tetley, Temporary Judge. fn. + )
(Opinion by McKinster, J., with Hollenhorst, Acting P. J., and McDaniel, J., fn. * concurring.)
COUNSEL
Janette Freeman Cochran, under appointment by the Court of Appeal, for Defendant and Appellant.
Alan K. Marks, County Counsel, and Linda C. Stern, Deputy County Counsel, for Plaintiff and Respondent.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Minor.
OPINION
McKINSTER, J.
This is an appeal by mother from the judment declaring her then nearly four-year-old daughter, Jessica, a dependent of the court and, further, removing Jessica from mother's custody. In declaring Jessica a dependent, the trial court found, among other things, that mother's nolo contendere plea to felony child endangerment (Pen. Code, ξ 273a, subd. (1)), entered pursuant to a plea bargain on an original charge of murder (Pen. Code, ξ 187), constituted a conviction for causing the death of mother's then 22-month-old son through abuse or neglect, within the meaing of Welfare and Institutions code section 300, subdivision (f). We conclude that this finding, and each of the other finding and orders challenged by mother in this appeal, was proper and, therefore, we shall affirm the judgement.
In re Steven A. (1993) 15 Cal.App.4th 754 , 19 Cal.Rptr.2d 576
[No. E009742. Fourth Dist., Div. Two. May 6, 1993.]
In re STEVEN A., Jr., a Person Coming Under the Juvenile Court Law. SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. STEVEN A., Defendant and Appellant.
[No. E010699. Fourth Dist., div. Two. May 6, 1993.]
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. STEVEN A., Defendant and Appellant.
[No. E011343. Fourth Dist., Div. Two. May 6, 1993.]
STEVEN A., Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Real Party in Interest.
(Superior Court of San Bernardino County, No. J-110392, Frank O. Tetley, Temporary Judge. fn. *)
(Opinion by Dabney, Acting P. J., with Hollenhorst, J., and McDaniel, J. fn. * concurring.
COUNSEL
David F. Blaisdell, under appointment by the Court of Appeal, for Defendant and Appellant and for Petitioner.
No appearance for Plaintiff and Respondent and for Real Partry in Interest.
Alan K. Marks, County Counsel, and Adrew L. Kjeldgaard, Deputy County Counsel, for Respondent Superior Court.
Deborah Mohr Walker, under appointment by the Court of Appeal, for Minor.
OPINION
DABNEY, Acting P. J.
In this opinion we dispose of two related appeals and one petition for writ of mandate. The first appeal (No. E009742) presents the arguments of appellant father, fn. 1 Steven A., concerning orders rendered on March 19 and May 8, 1991, which cut off reunification services and provided for the placement of the minor, Steven A., Jr., in a fos-adopt [15 Cal.App.4th 759] home. fn. 2 The seoncd appeal (No. E010699) attacks an order terminating visitation which was rendered on or about December 4, 1991, in the course of a permanency planning hearing which resulted in the issuance of an order authorizing commencement of proceedings to free the minor from parental custody. The petition for extraordinary relief (No. E011343) challenges the authorization order itself.
We affirm the orders in the first appeal, dismiss the second appeal as moot, and grat the petition.