WINTER CYCLE PROPOSALS (3)

APPELLATE AND CRIMINAL 

W24-01

Title: Criminal Procedure: Racial Justice Act

Summary: The Appellate Advisory Committee and the Criminal Law Advisory Committee propose amending rules 4.551, 8.385, and 8.386 of the California Rules of Court and revising Petition for Writ of Habeas Corpus (form HC-001), Motion to Vacate Conviction or Sentence (form CR-187), and Order on Motion to Vacate Conviction or Sentence (form CR-188) to implement the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin.

Deadline: Comments must be submitted by Friday, January 19, 2024 at, 5:00 PM (Pacific Time)

CRIMINAL

 

W24-02

Title: Criminal Procedure: Appointment of Counsel for Claims Filed Under Penal Code Section 1473(f)

Summary: The Criminal Law Advisory Committee proposes a rule of court to implement legislation requiring the Judicial Council to develop qualifications for the appointment of counsel in superior court habeas corpus proceedings under Penal Code section 1473(f).1 Section 1473(f) is part of the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin and allows petitioners to make claims for relief based on violations of this Act.

Deadline: Comments must be submitted by Friday, January 19, 2024 at, 5:00 PM (Pacific Time)

PROBATE AND MENTAL HEALTH AND FAMILY AND JUVENILE

 

W24-03

Title: Mental Health Law: CARE Act Rule Amendments and Form Revisions

Summary: The Probate and Mental Health Advisory Committee proposes amending four rules of court and revising seven forms to implement Senate Bill 35 (Stats. 2023, ch. 283), which amended both substantive and procedural aspects of the Community Assistance, Recovery, and Empowerment (CARE) Act. In addition, the statute updated the Judicial Council mandate to adopt rules implementing the policies and provisions of the act to add a requirement that the rules include “communications between the CARE Act court and the juvenile court, if applicable,” and to remove the requirement that the rules include “the clerk’s review of the petition.” The Family and Juvenile Law Advisory Committee joins in proposing the amendment of rule 7.2210 and the revision of form CARE-100 to the extent those proposed changes address communications

between the CARE Act court and the juvenile court.

Deadline: Comments must be submitted by Friday, January 19, 2024 at, 5:00 PM (Pacific Time)

SPECIAL CYCLE PROPOSALS (2)

Posted under the following locations:

TECHNOLOGY

SP23-10

Title: Court Technology: Minimum Standards for Courtroom Technology to Permit Remote Participation in Court Proceedings (Senate Bill 133)

Summary: Senate Bill 133 (Stats. 2023, ch. 34) requires the Judicial Council to adopt by April 1, 2024, and the trial courts to implement by July 1, 2024, minimum standards for courtroom technology necessary to permit remote participation in court proceedings. The Information Technology Advisory Committee recommends adoption of these proposed standards to satisfy the statutory mandate.

Deadline: Comments must be submitted by Friday, January 12, 2024 at, 5:00 PM (Pacific Time)

SUPREME COURT

 

SP23-11

 

The Supreme Court of California invites public comment on a proposed amended Conflict of Interest Code for Designated Employees of the Supreme Court of California for the eventual consideration and approval by the Chief Justice of California, who serves as the code reviewing body for this code.  (Gov. Code, § 82011, subd. (g).) 

Instructions: Comments for this proposal (SP23-11) may be submitted via email to coi.feedback@jud.ca.gov.  Any comments submitted will not be deemed confidential, but please indicate whether you wish your personal information, such as your name and email address, to be kept confidential. 

Deadline: Comments must be submitted by Thursday, January 11, 2024 at, 5:00 PM (Pacific Time)

 

You are welcome to distribute this within your court and to any other interested parties.

If you have any questions, please contact Benita Downs, at benita.downs@jud.ca.gov, or at 415-865-7957.