Legal Question in Appeals and Writs in California

Cal. Gov. Code �68926(c) provides: �A fee may not be charged in appeals from, nor petitions for writs involving, juvenile cases or proceedings to declare a minor free from parental custody or control.� However, the court of appeals charged me for filing fee for my petition for Habeas Corpus and Mandamus to release a minor from parental custody and when I complained about the fee, the judges in the court violated the above section by determining that the court clerk correctly charged the filing fee. Where can I complain about this to get refund? May I contact BBB or Commission on Judicial Performance? What is the solution for this judicial abuse other than petition for review?


Asked on 8/22/15, 8:16 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You haven't revealed much about your case, so I'm skeptical that this was "judicial abuse." It's not even clear that the court made the wrong decision. I would need to know more about the case before I could say if it did.

If you want to file a complaint about this, it should go to the Commission on Judicial Performance. The BBB (Better Business Bureau) handles complaints about the conduct of private businesses, not government entities.

Feel free to contact me directly if you'd like to discuss this further. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.

Good luck.

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Answered on 8/22/15, 3:15 pm


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