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Keywords

defendantattorneyappealpro bono

defendantattorneypro bono

Related Cases

Cunningham v. Superior Court, 177 Cal.App.3d 336, 222 Cal.Rptr. 854

Facts

Judson Cunningham, an attorney practicing in Ventura County, was appointed by the Superior Court to represent Manuel Jaramillo Martinez, an indigent defendant in a paternity action initiated by the County of Ventura. Cunningham, who had limited experience in paternity cases, refused the appointment, arguing that it was unconstitutional to compel him to provide legal services without compensation. The court subsequently found him in contempt for his refusal to comply with the order.

Cunningham practices law in Ventura County. On December 20, 1983, the County of Ventura filed a paternity action against Manuel Jaramillo Martinez. This action sought to establish that Martinez is the father of a minor child, to have him reimburse the County of Ventura for public assistance in the support of the child, and to require him to pay child support. Martinez claimed indigency, and moved to have the court appoint counsel to represent him. On February 3, 1984, the court appointed Cunningham, who practices law in Ventura County, to provide pro bono representation for Martinez.

Issue

Did the Superior Court have the authority to compel an attorney to represent an indigent defendant without compensation, and does such a requirement violate the attorney's right to equal protection under the law?

Rule

The court applied the principle that requiring an attorney to provide legal services without compensation constitutes a denial of equal protection of the law, particularly when it imposes a burden on a specific class of individuals (attorneys) without similar obligations on other professions.

We conclude that to require Cunningham to provide legal services without compensation is to deny him equal protection of the law.

Analysis

The court analyzed the implications of compelling attorneys to represent indigents without compensation, noting that such a requirement unfairly targeted attorneys as a class. It emphasized that while the state has a legitimate interest in providing legal representation to the poor, this cannot be achieved by imposing the burden solely on attorneys, which would violate equal protection principles.

Conclusion

The Court of Appeal concluded that the order compelling Cunningham to represent the indigent father without compensation was unconstitutional and vacated the contempt order.

Order accordingly.

Who won?

Judson Cunningham prevailed in the case because the court found that compelling him to provide pro bono representation without compensation violated his right to equal protection under the law.

Cunningham prevailed in the case because the court found that compelling him to provide pro bono representation without compensation violated his right to equal protection under the law.

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Mickens v. Taylor, 535 U.S. 162, 122 S.Ct. 1237, 152 L.Ed.2d 291, 70 USLW 4205, 70 USLW 4216, 02 Cal. Daily Op. Serv. 2737, 2002 Daily Journal D.A.R. 3311, 15 Fla. L. Weekly Fed. S 161

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Mayberry v. Pennsylvania, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532