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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 7§ 318 District Attorney Conflict Rules

§ 318 District Attorney Conflict Rules

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 318 District Attorney Conflict Rules

Key Takeaways

  • •If a lawyer helps a kid in a case about their safety or home life, they can't later try to put that same kid in jail.
  • •The lawyer must keep all the kid's records private and separate from other cases.
  • •The lawyer can't talk about the kid's case with other lawyers who might be trying to put the kid in jail later.

Example

A lawyer helps a 12-year-old kid in court because their parents aren't taking care of them. Later, the same kid gets in trouble for stealing a bike.

The lawyer who helped the kid before can't now try to prove the kid is guilty of stealing the bike. They also can't share any private info from the first case with the lawyers trying to prove the kid stole the bike.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 318 District Attorney Conflict Rules

If a district attorney has represented a minor in a dependency proceeding, that district attorney shall not appear, on behalf of the people of the State of California, in any juvenile court hearing which is based upon a petition that alleges that the same minor is a person within the description of Section 602. Records kept by the district attorney in the course of representation of a minor described in Section 300 are confidential and shall be held separately, and shall not be inspected by members of the district attorney’s office not directly involved in the representation of that minor. A district attorney who represents or who has represented a minor in a proceeding brought pursuant to Section 300 shall not discuss the substance of that case with a district attorney representing the people pursuant to Section 681 in a proceeding brought pursuant to Section 602 in which that same minor is the subject of the petition. (Added by Stats. 1992, Ch. 1327, Sec. 1. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

hearingcrimepetitionrepresentationprotectiondescriptionsubstance

Related Statutes

  • § 311 Minor Detention Hearing Rights
  • § 315 Child Detention Hearing Rules
  • § 345 Juvenile Court Hearing Rules
  • § 356 Minor Dependency Court Findings
  • § 5278 Mental Health Detention Immunity

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 318.
View Official Source