Six “Special Cycle” proposals have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

 

CIVIL AND SMALL CLAIMS AND PROTECTIVE ORDERS

SP22-09

Protective Orders: Civil Protective Order Forms Implementing Assembly Bill 1621

Summary: The Civil and Small Claims Advisory Committee is proposing revisions to 30 Judicial Council civil restraining orders forms. Many of the forms in this proposal were circulated for comment between April and May 2022 to update the information on the forms related to interpreters, disability and court accommodations, and the priority of enforcement among protective orders. After the comment period closed, the Legislature enacted Assembly Bill 1621 (Stats. 2022, ch. 76), which took effect immediately on June 30, 2022. The new legislation prohibits persons restrained under these restraining orders from possessing firearm parts (in addition to the already prohibited firearms). This proposal recommends additional revisions to 12 previously circulated forms and recommends revisions to 18 forms that were not previously circulated to reflect the new law.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

SP22-10

Protective Orders: Elder Abuse Forms Implementing Assembly Bill 1621

Summary: The Civil and Small Claims Advisory Committee is proposing revisions to nine Judicial Council elder or dependent adult restraining orders forms. Most of the forms in this proposal were circulated for comment between April and May 2022 to implement the statutory changes in Assembly Bill 1243 (Stats. 2021, ch. 273) and to make other updates. After the comment period closed, the Legislature enacted Assembly Bill 1621 (Stats. 2022, ch. 76), which took effect immediately on June 30, 2022. The new legislation prohibits persons restrained under elder or dependent adult restraining orders from possessing firearm parts (in addition to the already prohibited firearms). This proposal recommends additional revisions to seven previously

circulated forms and recommends revisions to two forms that were not previously circulated to reflect the new law.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

CRIMINAL AND PROTECTIVE ORDERS

 

SP22-11

Criminal Procedure: Criminal Protective Orders and Firearm Relinquishment Orders

Summary: The Criminal Law Advisory Committee recommends revisions to two mandatory Judicial Council criminal protective orders to (1) reflect statutory changes to the definition of firearm in Penal Code section 16520(b), with an impact on Penal Code section 136.2 and Code of Civil Procedure section 527.9; (2) reflect statutory changes adding “reproductive coercion” as an example of “coercive control” in Family Code section 6320; (3) be consistent with similar provisions in the civil protective orders; and (4) improve the forms’ useability and accuracy. The committee circulated proposed revisions to the two mandatory criminal protective orders from April to May 2022 and is now proposing further revisions to those forms in light of the recent statutory changes. The committee also recommends revisions to a mandatory Judicial Council order to surrender firearms in domestic violence criminal cases to reflect statutory changes to the definition of firearms as described above and to be consistent with previously circulated proposed revisions to the criminal protective orders.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

CRIMINAL

 

SP22-12

Criminal Law: Definition of Firearm

Summary: The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council plea forms and the optional Judicial Council firearm relinquishment findings form to reflect statutory changes to the definition of firearm in Penal Code section 16520(b). The committee also recommends additional revisions to one of the plea forms to reflect accurate mandatory minimum probation terms and make minor, nonsubstantive technical changes.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

SP22-13

Criminal Procedure: Request for Dismissal of Conviction for Violation of Penal Code

Summary: The Criminal Law Advisory Committee recommends two optional forms relating to resentencing, dismissal, and sealing of Penal Code section 653.22 convictions. Senate Bill 357 (Weiner; Stats. 2022, ch. 86), effective January 1, 2023, repeals Penal Code section 653.22 (loitering with the intent to commit prostitution) and adds Penal Code section 653.29, which

outlines the process for resentencing, dismissal, and sealing of section 653.22 convictions. Penal Code section 653.29(f) specifically instructs the Judicial Council to “promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section.” The proposal includes a request for relief and a court order granting or denying relief.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

FAMILY AND JUVENILE

 

SP22-14

Juvenile Law: Secure Youth Treatment Facility Offense-Based Classification Matrix

Summary: The Family and Juvenile Law Advisory Committee proposes that the Judicial Council adopt a rule of court to implement Welfare and Institutions Code section 875(h), which requires the council to develop and adopt a matrix of offense-based classifications to be used by all juvenile courts when setting baseline terms for youth whose disposition is a commitment to a Secure Youth Treatment Facility (SYTF). The statute calls for the matrix to assign a baseline term of years to each offense for which a youth can be committed to an SYTF. The offenses are to be grouped into offense categories that are linked to a standard baseline term of years for each offense category. The statute was recently amended to allow the standard term to be a range of years as designated by the council. The proposed matrix in the rule would include four total offense categories, and each category is assigned a range of years as the standard baseline term. To assist the court in determining a baseline term for each youth within the range, the rule sets forth criteria for the court to weigh in making its decision.

Deadline: Comments must be submitted by Friday, November 4, 2022 at, 5:00 PM (Pacific Time)

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

 

It’s time for OCWLA’s annual election for ten (10) Director positions. The time commitment for an OCWLA Director (or Officer) is a one (1) year term, and includes: Attendance at the OCWLA monthly Board meetings (on the fourth Tuesday of the month unless otherwise noticed); Attendance at the OCWLA monthly lunch or evening programs; Participation in OCWLA committees; and Participation in the Board Planning Retreat. Collegiality and camaraderie are all integral to the OCWLA Board experience. If you are interested in running, please submit a short Candidate's Statement and photo (optional) to us by the close of business on Monday, October 10, 2022, via email: info@ocwla.org. The 2023 Slate of Director candidates will be presented to the membership via e-blast the following week. Elections are held in November and will close and be tallied at the OCWLA monthly lunch meeting at Avenue of The Arts on Thursday, November 10, 2022. Election results will be announced at the end of the lunch meeting. Installation of the 2023 Board of Officers and Directors takes place at the OCWLA Holiday Reception and Installation Dinner. We are very excited about your interest in joining the OCWLA Board. If you have any questions, please feel free to contact us at info@ocwla.org.

This e-mail is to inform you a “Special Cycle” proposal has been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

Civil and Small Claims

SP22-08

Rules and Forms: Name and Gender Change Forms for Minors to Implement Assembly Bill 218 and Assembly Bill 421

Summary: The Civil and Small Claims Advisory Committee is proposing revisions and additions to Judicial Council forms and the revocation of one form used to request recognition of a change of gender and change of name. Proposed forms implementing statutory changes in Assembly Bill 218 (Stats. 2021, ch. 577) were circulated for comment between April and May 2022. Among other things, AB 218 made significant changes to requirements for petitions for recognition of gender change for minors (removing the requirement for consent by, or notice to, a minor’s parents) and added a new category of petitioners who may make such petitions on behalf of minors, placing certain requirements on them.

Shortly after comment on the proposed forms closed, the Legislature enacted Assembly Bill 421 (Stats. 2022, ch. 40), urgency legislation that modifies AB 218’s provisions in significant ways. Because AB 421’s amendments immediately went into effect upon signing by the Governor, they need to be incorporated in the proposed forms before the forms go into effect in January 2023. The proposed forms for minors’ petitions have all been further revised to reflect these statutory changes, and have been reorganized to make them clearer.

Deadline: Comments must be submitted by Monday, September 19, 2022 at, 5:00 PM (Pacific Time)

Judicial Council of California

455 Golden Gate Avenue, San Francisco, CA 94102-3688

415-865-7957, Fax 415-865-4391, benita.downs@jud.ca.gov 

www.courts.ca.gov

OCWLA is proud to be a member of the newly established Unity Bar! We are thrilled to be working with our fellow bar organizations to work together to achieve diversity in the legal profession. Join us to celebrate this new group at the Inaugural Orange County Unity Bar Mixer, on September 8, 2022 from 5:00 p.m. – 7:00 p.m.

Registration Here: https://www.eventbrite.com/e/inaugural-orange-county-unity-bar-mixer-tickets-396705064527

 

Hello OCWLA Community! Welcome to the sweet and merry month of May! To further OCWLA’s mission to raise awareness of discrimination and bias against women, our members took a stand for equality at our sold out Equal Pay Day event! OCWLA made a further stand against discrimination when it signed on to CWL’s Amicus Brief filed in the landmark case, Meland v. Weber. I am also thrilled to announce that OCWLA launched a Discussion Forum to help members connect with each other. I am proud that these actions further the advancement and successes of women everywhere.   Exciting News! OCWLA Launches A Discussion Forum: OCWLA continues to take action that will connect members in new ways. This month, I am thrilled to announce that members can access a Discussion Forum to share referrals, mentorship, and provide professional resources. Simply log in to your OCWLA account to access the Discussion Forum. Instructions for accessing the forum can be downloaded here.  OCWLA Takes A Stand For Inclusion: OCWLA was given the opportunity to sign on to the Amicus Brief that CWL filed in the landmark case, Meland v. Weber. OCWLA recognized it was important to support efforts that sought the inclusion of women on corporate boards. We are proud that OCWLA is associated with this effort to achieve diversity and equality for women. See OCWLA’s name in the Amicus Brief on page xii. Gala Updates Become A Gala Sponsor: Join us at the Gala on October 12, 2022, at Shady Canyon Golf Club from 5:00 p.m. to 8:30 p.m. as OCWLA honors 2022 Judge of the Year Judge Debra Servino, 2022 Attorney of the Year Antoinette Balta of Veterans Legal Institute, and the recipient of the Advancement of Women award Community Legal Aid SoCal. You can support these amazing honorees with a Gala Sponsorship. Upcoming Events Summer Coffee Meetup: Kick off the summer with other OCWLA members at our Summer Coffee Meetup! Join us from 8:15 a.m. to 10:00 a.m. on May 5, 2022, at Corner Bakery in Tustin Marketplace. This is a no cost event, so there’s no reason not to come! Connect With Other Book Lovers: This month, Retired Judge Linda Miller will lead the group as we read The Magnolia Palace by Fiona Davis. This amazing apartment in New York hold many mysteries waiting to be solved. Join us on May 23, 2022, at 5:30 p.m. at Mimi’s Café in Tustin. Register here. Donate In A New Way: This month, give back to the community by participating in OCWLA’s Blood Drive. The event will be held at The Bowers Museum on Tuesday, May 31, 2022, 10 a.m. to 4 p.m. Donors receive free parking and $5 off General Admission on the day of their donation. Thanks to Past President Allyson Thompson for organizing a new way for OCWLA members to help others. More Information.  Summer Membership Mixer: Invite your friends to the Spring Membership Mixer! We love meeting new people! This event will take place on the evening of June 14, 2022. More details to come/Save the date. Our Empowering April Equal Pay Day MCLE: There is no event more important than Equal Pay Day in acknowledging the disparate earnings between men and women in an effort to end this arbitrary practice. Thanks to Treasurer Caroline Djang and Secretary Tracy Hughes for putting together a dynamic who presented on the best practices for salary negotiations.

Book Club: I was thrilled to lead April’s Book Club selection, Man’s Search For Meaning, by Viktor Frankl. This powerful autobiography by Holocaust survivor inspired our group. Get Involved! Make An Immediate Impact: You can advance women in the legal profession, raise awareness of discrimination and bias, and support charitable organizations by becoming an Annual Sponsor of OCWLA. Sponsors receive recognition and connect with OCWLA members at several events throughout the year. Thank you for your interest in supporting this amazing organization! Share Your Recent Achievements: We love learning more about our members! Our Featured Member Series is a great way for members to introduce themselves to the membership and share their recent accomplishments. Nominate yourself or another spectacular OCWLA member today. Mentoring Opportunities: We are pleased to announce that OCWLA has partnered with OCBA to provide mentoring opportunities for both mentors and mentees. Sign up by May 20, 2022 to attend the Spring Mentoring Café. Learn more here. Let’s Celebrate Each Other!: OCWLA’s Everyday Hero Award recognizes members of our profession who have made a positive impact in the community through their hard work, generosity, and commitment to justice. To nominate an Everyday Hero, send the nominee’s contact information and a brief description of why they are a hero to Executive Director Kaity Van Amersfort at info@ocwla.org. Join Us!: We would love to have you join OCWLA! Renew your membership today to become a part of this active and dynamic group! Discounted and/or complimentary membership rates are available for judges, government attorneys, attorneys with less than five years of practice, and law students. Become A California Women Lawyers Member: Over forty years ago, OCWLA aligned with California Women Lawyers, which in 1974 established itself as the only statewide women lawyers organization. The mission of both OCWLA and CWL is the advancement of women in the legal profession through collaboration and leadership. Join today! Recognizing OCWLA’s Members Welcome New Members!: Welcome Caroline Nam, Khorshid Hajsoleymani, Charnell Gilchrist, Monica Calvillo-Chao, Meghan Murphey, Anum Arshad, Zijing Han, Suzanne Picariello, Kathrynn Benson, Kori Gearhart, Danielle Struwe, Kayla Phillips, and Cindy Boun. We are thrilled that you joined OCWLA! We look forward to meeting you at the next event.

Dana Heyde, OCWLA President Cottle Keen Lopiccolo & Heyde, LLP dana@cklhlaw.com

OCWLA Takes A Stand For Inclusion: OCWLA was given the opportunity to sign on to the Amicus Brief that CWL filed in the landmark case, Meland v. Weber. OCWLA recognized it was important to support efforts that sought the inclusion of women on corporate boards. We are proud that OCWLA is associated with this effort to achieve diversity and equality for women. See OCWLA’s name in the Amicus Brief on page xii.

Attention OCWLA Members

From: ADR Committee of the Central District of California

The Court would like to invite any qualified members of OCWLA to apply for membership on the Court’s Mediation Panel.  The Central District’s Mediation Panel is comprised of experienced federal litigators who are also trained mediators. These qualified and impartial attorneys assist the Court in encouraging the fair, speedy, and economical resolution of civil actions pending in this district. The members of the Mediation Panel provide an invaluable service to the Court, to litigants, and to the community. Mediators settle hundreds of cases that would otherwise consume scarce judicial resources. To serve as a Panel Mediator, an attorney must be a member in good standing of the Bar of the United States District Court, Central District of California, with at least ten years of legal practice experience, substantial experience with or knowledge of civil litigation in federal court, significant expertise in one or more designated areas of law, and training in mediation through a court-approved program.

Additional information about the Panel is available on the Court’s website at http://www.cacd.uscourts.gov/attorneys/adr. Panel Mediators are appointed by the Court in certain civil cases, and each mediator volunteers his or her preparation time and the first three hours of a mediation session. Thereafter, if the parties choose to continue the mediation, the mediator may charge his or her market rate. As a member of the Mediation Panel, mediators also have access to Court-provided MCLE events and networking opportunities. Applications are due by April 30, 2021, for consideration this year. The application form may be downloaded here: http://www.cacd.uscourts.gov/attorneys/adr/application-mediation-panel.

Completed forms should be submitted to ADR_Coordinator@cacd.uscourts.gov.

UCI is in need of volunteer judges for a collegiate mock trial tournament hosted by UC Irvine, taking place on Jan. 9th & 10th, entirely online via Zoom. This elite event will feature some of the best teams from across the country. 

They are especially interested in recruiting female attorneys as judges. Over half of all undergraduate mock trial competitors are young women, but less than a quarter of our current judging pool is female. We want to show our outstanding female competitors that they are welcome in the field of law, and we believe that greater representation of women on our benches helps to further that mission.

You can sign up to judge by clicking HERE. Please sign up by Dec 20th so we know if you're joining us! 

The trials: The trials are under three hours long and will require no preparation. There will be two days of trial with each day consisting of a morning round (~8:15 - 11:15 AM Pacific Time) and an afternoon round (~12:45 – 3:45 PM Pacific Time). You can judge as many or as few as you like. If you have any attorney friends or colleagues who would like to judge, please let us know so we can pair you together.

The case: This year’s case is a civil matter featuring a fatal poisoning at a winery during a wedding rehearsal dinner. The charge, evidence and witnesses available vary across the rounds, which makes each trial unique and interesting.

How to judge a Zoom Mock Trial: We will be hosting a 30-minute Zoom judge training session before the tournament weekend. In that meeting, we will explain your role, how to use Zoom when judging the trials, how to complete an online ballot, etc. No other preparation is required to judge (i.e., you don’t need to read any part of the case ahead of time).

Signing up: If you’d be willing to help us out as a judge, we’d really appreciate it. We need volunteers like you in order to make this event a success for the students.

Here’s the link to sign up: https://forms.gle/xe6LWino8hbGkzKWA

Also, if you have any colleagues who might be interested in judging, please let us know so we can share our information with them. 

Thank you for your time!

Best,

Emily Shaw

UCI Mock Trial Coach