California Civil Jury Instructions (CACI)

4012. Concluding Instruction

To find that [name of respondent] is gravely disabled, all twelve jurors must agree on the verdict. To find that [name of respondent] is not gravely disabled, only nine jurors must agree on the verdict. As soon as you have agreed on a verdict, the presiding juror must date and sign the form and notify the [clerk/bailiff].

Directions for Use

Read this instruction immediately after CACI No. 5009, Predeliberation Instructions.

Sources and Authority

"The due process clause of the California Constitution requires that proof beyond a reasonable doubt and a unanimous jury verdict be applied to conservatorship proceedings under the LPS Act." (Conservatorship of Roulet (1979) 23 Cal.3d 219, 235 [590 P.2d 1, 152 Cal.Rptr. 425].)

"The Legislature's determination that a three-fourths majority vote applies in LPS conservatorship proceedings is eminently sound in the context of finding a proposed conservatee is not gravely disabled." (Conservatorship of Rodney M. (1996) 50 Cal.App.4th 1266, 1271- 1272 [58 Cal.Rptr.2d 513].)

"Permitting a finding of no grave disability to be based on a three-fourths majority coincides with Roulet's goal of minimizing the risk of unjustified and needless conservatorships. It also avoids unnecessary confinement of the proposed conservatee while renewal proceedings are completed." (Conservatorship of Rodney M., supra, 50 Cal.App.4th at p. 1270.)

Secondary Sources

2 California Conservatorship Practice (Cont.Ed.Bar 2005), § 23.89

26 California Forms of Pleading and Practice, Ch. 304, Insane and Other Incompetent Persons, Part I, "Lanterman-Petris-Short Act and Related Proceedings" (Matthew Bender)

(New June 2005)