Andrade v. Lake County District Attorney

Background

Silvia Andrade filed a pro se petition for a writ of habeas corpus, a request for federal review of her custody, against the Lake County District Attorney. She filed the petition while she was on probation. The court had previously dismissed all claims except her claim that she received ineffective assistance of counsel and had issued an order requiring the District Attorney to show why relief should not be granted on that remaining claim.

The District Attorney responded that the office was not the proper respondent. The court agreed. Under the rule governing habeas cases, a person challenging custody must name the state officer who has custody. Because Andrade was on probation, the court identified Rob Howe, the Lake County Chief Probation Officer, as the proper respondent and current custodian.

Ruling

The court ordered the clerk to substitute Rob Howe for the Lake County District Attorney as respondent. It dismissed the District Attorney from the case and lifted the order to show cause previously issued to the District Attorney. The court denied the District Attorney's motion to dismiss as moot, meaning the motion no longer required a decision after the District Attorney was removed as respondent.

The court directed the clerk to serve the order, petition, and attachments on Howe and his attorney, the Office of the Lake County Counsel, and to serve the order on Andrade. Within 60 days, Howe must file an answer addressing why the writ should not issue, together with relevant portions of the state record, or may file a motion to dismiss on procedural grounds instead. Andrade may respond to an answer within 30 days, and the order also set deadlines for responses if Howe files a procedural motion. The order did not decide Andrade's remaining ineffective-assistance claim.