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Legal Opinion

County of Santa Clara v. Superior Court

California Court of Appeal

Decided January 29, 1992No. H008792Published

1Opinion of the Court

Opinion

BAMATTRE-MANOUKIAN, J.

When an indigent person has been ordered to show cause why he or she should not be found in contempt and punished for alleged disobedience of an order to pay child support, and the potential punishment includes a possible jail sentence, must the county provide an attorney, at public expense, to represent the indigent citee? We hold that it must.

The Santa Clara County Superior Court ordered Robert Legaspi to make specified payments for the support of his two minor children. Thereafter the children’s mother applied for an order to show cause why Legaspi should not…

2Cases cited53 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. In Re GAULTSupreme Court of the United States · 1967
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981

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