attorney whom he has authorized in writing.110 It is provided, however, that in any subsequent prosecution of the defendant for any other offense the prior conviction may be pleaded and proved and has the same effect as if probation had not been granted or the accusation or information had not been dismissed.111

Probation officers: Appointment, qualifications, compensation. In all counties except Los Angeles and Santa Clara, officers appointed under the juvenile court law act ex officio as adult, assistant adult, and deputy adult probation officers.112 Under the juvenile court law the judge of the superior court (or, where there is more than one, the judge who acts in the capacity of juvenile court judge) appoints a

110 As a matter of practice in Los Angeles all successfully completed cases are di: missed in open court and the defendant appears personally whenever possible. In Humboldt County the defendant either appears in court where possible, or the probation officer makes a motion for dismissal of his case. In Merced County probationers resident in the county appear in court; outsiders rarely appear. In the following counties the great majority of cases are dismissed: Kern, San Bernardino, Yolo, Fresno, Kings, Stanislaus, San Diego, Mendocino. In the following counties few cases are dismissed Sacramento, Orange.

111 Cal. Pen. Code (Deering, 1937) § 1203.4. People v. Payne, 106 Cal. App. 609, 289 Pac. 909 (1930); People v. Barwick, 62 P. (2d) 590 (1936).

Even before the amendment of 1927 providing that the dismissal of the information would not affect subsequent charges of a prior conviction for felony it was held that a person could be prosecuted under the Habitual Criminal Act although he had been granted probation on his prior conviction. People v. Rosencrantz, 95 Cal. App. 92, 272 Pac. 786 (1928). But see People v. Mackey, 58 Cal. App. 123, 208 Pac. 135 (1922), where the court held that after a discharge after the probation period the defendant could not be impeached as a witness by the introduction of the record of the prior conviction. Where the defendant was convicted and placed on probation before the amendment of 1927 and his case was dismissed after the amendment was passed, it was held that the amendment could be applied on a new information filed against the defendant. The court said that the amendment could be applied even if the previous term of probation had actually been completed before the amendment was passed, since the amendment was not unconstitutional as an ex post facto law. People v. Hainline, 219 Cal. 532, 28 P. (2d) 16 (1938), aff'g 21 P. (2d) 965 (1933).

Conviction within the meaning of this statute means the legal proceeding of record which ascertains the guilt of the party upon which the sentence is founded and this includes a plea of guilty as well as conviction by a jury, and sentence does not have to be imposed. People v. Acosta, 115 Cal. App. 103, 1 P. (2d) 43 (1931).

An attorney who has been convicted of a felony involving moral turpitude but placed on probation, should, upon his conviction and pending further action on the matter of probation and possible release from disabilities, be temporarily suspended from practice of law. In re Jacobsen, 202 Cal. 289, 260 Pac. 294 (1927). The temporary suspension is not res judicata and further disciplinary proceedings leading to a definite disbarment for the period of probation, may be taken. Shafer v. State Bar of California, 215 Cal. 706, 12 P. (2d) 957 (1932). 113 Cal. Pen. Code (Deering, 1937) § 1203.5.

probation committee of seven "citizens of good moral character," who, upon being notified of the appointment, must qualify by taking an oath before the judge to perform faithfully the duties of members of the committee. Members of the committee hold office for 4 years and until their successors are appointed. However, when a vacancy occurs for any other reason than expiration of the term, the successor appointee holds office only for the rest of the term. Any member of the probation committee may be removed for cause at any time by an affirmative vote of four members of the committee and the written approval of the judge. Members of the committee serve without compensation, but are allowed their reasonable travelling expenses as approved by the judge, these expenses being paid out of the county treasury.

Probation officers and assistant officers are nominated by the county committee and appointed by the judge. The term of office of the probation officer and assistant probation officer is 2 years. All probation officers and assistant probation officers receiving a salary in excess of $100 per month must devote their entire time and attention to the duties of their offices, and while holding office and receiving salary therefor they may not be a candidate for or seek the nomination for any other public office or employment. No person may be appointed probation officer or assistant probation officer who is a sheriff or constable or is related to the judge of the juvenile court or to a member of the probation committee by consanguinity within the third degree. Probation officers and assistant probation officers may at any time be removed by the judge of the juvenile court for good cause shown; the judge may also at any time in his discretion remove a probation officer or assistant with the written approval of a majority of the probation committee. Every probation officer and assistant receiving an official salary must at the time he files his oath of office file with the county clerk of the county his official bond approved by the judge of the juvenile court. The judge has authority by an order entered in the minutes of the court to determine and fix the amount of the bonds.

The probation officer in every county may appoint as many deputies as he desires, subject to the approval of a majority vote of the members of the probation committee and the approval of the judge of the juvenile court. The term of office of deputies expires with the term of the probation officer making the appointment, but the officer with the written approval of the majority of the members of the probation committee and of the judge of the juvenile court may in his discretion revoke and terminate the appointment at any time.113

In San Francisco and Santa Clara Counties where there are adult probation boards of "seven citizens of good moral character" distinct from the committees created under the juvenile court law, appointment of board members is by a majority vote of the judges presiding in the criminal departments. The term of office and method of removal is similar to that in the case of the juvenile court committees. Probation officers in the counties are nominated by the probation board and appointed by majority vote of the judges. The term of office is 2 years, except in Los Angeles, San Francisco, Alameda, San Diego, and Sacramento Counties. where the term is unlimited.114 Removal may be made by an order of a majority of the judges presiding in the criminal departments, for good cause shown and on the filing of written charges by the judges, or by a written resolution of the adult probation board, or by the chief officer. Upon the filing of charges the judge or judges must make an order setting the case for hearing at a specified time and place not less than 10 days nor more than 20 after the charges are filed. Notice must be served upon the person against whom the charges are made at least 5 days before the hearing, together with a copy of the charges. In these counties also the officers must give a bond, of not more than $2,000, approved by the judges of the superior court presiding in the criminal departments. The appointment of deputies in these counties and matters relating thereto are treated similarly to the appointment of deputies in other counties.115

113 Cal. Gen. Laws (Deering, 1931) Act 3966, §§ 17, 17a, 17b, 17c, 18. Deputies serve without compensation, except where otherwise provided by statute. 114 These counties have a civil service plan which supersedes the provisions of the general law in this respect.

115 Cal. Pen. Code (Deering, 1937) §§ 1203.6, 1203.7, 1203.8.

The method of appointment and tenure of office may be provided for by county charter, in which case the State law is superseded.116 Thus in Los Angeles County the probation officer is appointed by the board of supervisors from a civil-service list. In turn the probation officer appoints his deputy and all other employees from civil-service lists. He has the sole appointive power in the department.117 In the counties of San Francisco, Alameda, and San Diego the provisions of a civil-service plan also prevail.118 However, the State law is superseded only in respect to the specific provisions to be found in the charter. Thus where the county charter of San Francisco did not specifically include probation officers in its provisions for compulsory retirement, probation officers were not retired under the charter.119

Although under the general law probation officers serve for a term of 2 years, those serving under civil-service provisions have no definite term of office. The determination of the number of officers, as well as their salaries, is a responsibility of the board of supervisors of each county either by virtue of charter provisions or 120 or without such provisions. 121

116 Cal. Gen. Laws (Deering, 1931) Act 3966, § 18.

117 See Gibson v. Civil Service Comm., 27 Cal. App. 396, 150 Pac. 78 (1915); Anderson v. Lewis, 29 Cal. App. 24, 154 Pac. 287 (1915).

118 Biennial Report, Division of Probation, Dep't Social Welfare, July 1, 1932 to June 30, 1934, p. 2.

119 Nicholl v. San Francisco, 201 Cal. 470, 257 Pac. 501 (1927). Accordingly, although San Francisco has a civil-service plan, appointment of officers is otherwise pursuant to State law.

12 Cal. Gen. Laws (Deering, 1931) Act 3966, § 18.

121 Cal. Const. art XI, § 5; Biennial Report, Division of Probation, Dep't Social Welfare, July 1, 1932 to June 30, 1934, p. 2.

Although the number of officers in any county may vary from year to year, a survey made in 1936 showed the number of officers in the various counties as follows: Humboldt, two full time officers; Sacramento, one chief, three assistants; Merced, one officer; Orange, one chief, three assistants; Kern, one chief and three assistants; San Bernardino, one chief, four assistants; Mendocino, one officer; Solano, one chief, two assistants; Stanislaus, one chief, two assistants; Kings, one officer; Fresno, one chief, three deputies; Butte, one chief, three assistants; Tehama, one officer; Lake, one officer; Shasta, one officer; Yolo, one officer; Riverside, one chief, four assistants; Yuba, one chief, one assistant; Napa, one chief, one assistant; Ventura, one chief, two assistants; Tulare, one chief, two assistants.

There are three officers in Alameda County who handle adult cases. The San Diego department consists of a chief and 10 assistants. There are 10 on the staff of the adult probation department in San Francisco. The salary of the chief probation officer is $3,900; five assistants receive $2,520; two, $2,400; one, $2,280; and one $2,100.

In Santa Clara County there is one chief officer who receives a salary of $2,400.

Salaries in all counties are payable out of the county treasury in the same manner as the salaries of other county officers.122

Probation officers: Powers and duties. It is the duty of members of the probation board to work in cooperation with the adult probation officer, to meet at stated times, to familiarize themselves with the charges against probationers under the charge of the adult officer and the conditions of probation, to exercise a friendly supervision of probationers when so directed by the court, to furnish the court and the adult probation officer information, and to render special assistance upon the court's request. It is also their duty to advise and recommend to the court from time to time any changes or modification of the order made in case of a probationer as may be for the best interests of the person.123

Probation officers must make investigations and reports and recommendations. They must keep complete and accurate records of case histories, which must contain the age, sex, nativity, residence, education, habit of temperance of the offender, information as to whether the defendant is married or single, and the conduct, employment, and occupation of parents, occupation and condition of any person released to their care, and the result of probation.124 Every probation officer must twice a year file in writing as a public document with the county clerk a report to the superior court of the county where the officer was appointed to serve. A copy of this report must be furnished to each judge in the county who has released anyone on probation if the person is still on probation at the time of the report. A further copy of this report must go to the State department of public welfare. The report must state, without giving names, the exact number of persons, segregating male and female, and segregating misdemeanors and felonies, who have been released on probation. The cases must also be segregated on the basis of the year in which the release was made.125 It is also the duty of officers to make monthly and annual reports to the depart

122 Cal. Gen. Laws (Deering, 1931) Act 3966, § 19w; Cal Pen. Code (Deering, 1937) 1203.7.

123 Cal. Pen. Code (Deering, 1937) § 1203.6.

124 Id. § 1203.10.

125 Id. § 1203.11.