Yarbrough v. Superior Court

Opinion

KAUS, J.

Introduction

In 1976 we decided in Payne v. Superior Court, 17 Cal.3d 908 [132 Cal.Rptr. 405, 553 P.2d 565], that as a matter of due process and equal protection under both the federal and California Constitutions an indigent prisoner who is a defendant in “a bona fide legal action threatening his interests” is entitled to access to the courts to be heard in his defense. We left to the trial court’s discretion how access is to be achieved in particular cases, recognizing that, at times, appointment of counsel may be the only alternative. We made it clear, however, that the trial…