California Civil Jury Instructions (CACI) (2017)

4012. Concluding Instruction

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4012.Concluding Instruction
To find that [name of respondent] is gravely disabled, all 12 jurors must
agree on the verdict. To find that [name of respondent] is not gravely
disabled, only 9 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].
New June 2005
Directions for Use
Read this instruction immediately after CACI No. 5009, Predeliberation
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 [152 Cal.Rptr. 425, 590 P.2d 1].)
• “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
3 Witkin, California Procedure (5th ed. 2008) Actions, § 104
2California Conservatorship Practice (Cont.Ed.Bar) § 23.89
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and
Mental Disabilities: Judicial Commitment, Health Services, and Civil Rights,
§ 361A.42 (Matthew Bender)