OCWLA Friends: Thank you so much for your generous donation of school supplies for homeless children in Orange County! There's still time to sign up for this Saturday's Backpack Assembly Party Benefiting Project Hope Alliance!
Register Here: https://www.ocwla.org/event-2934336

The job announcement for University of California’s Senior Counsel, Litigation position has been posted at:  https://jobs.ucop.edu/applicants/jsp/shared/frameset/Frameset.jsp?time=1531434281765.

Candidates can find more information and apply online at https://www.governmentjobs.com/careers/anaheim/jobs/2134537/deputy-city-attorney-ii-misdemeanor-prosecution

Comments sought:
 
This e-mail is to inform you that a new proposal has been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.
 
·         SP18-11 Criminal and Appellate Procedure: Record Preparation in Death Penalty Cases (amend rules 8.610, 8.613, 8.616, 8.619, and 8.622; adopt rules 4.119, 4.230, 8.608, and 8.611; repeal rule 8.625; adopt forms CR 600 and CR-605; and approve forms CR-601, CR-602, CR-603, and CR-604)
 
The deadline for comment is 5:00 p.m., Monday, July 23, 2018.
 
If you have any questions, please contact Benita Downs, at benita.downs@jud.ca.gov, or at 415-865-7957.

If you love a challenge and are looking for an environment that values creative problem solving and critical thinking skills, this could be the position for you!
 
Our Corporate Fraud Section is looking for multiple Deputy Attorneys General to review and analyze large quantities of electronic information and documents in complex litigation.  This position is limited term,
but a great opportunity to gain experience with the State of California’s most premier law agency!
 
We are also willing to hire at the Graduate Legal Assistant level, so if you’ve recently graduated from law school, but are awaiting your bar results, we highly encourage you to apply!
 
For more information on the job and how to apply click HERE.

On May 24, the council acted on 88 forms for a September 1, 2018, effective date. For meeting materials, please visit the council’s meeting page at http://www.courts.ca.gov/jcmeetings.htm.
 
Due to the size of the file, we have to transfer them via FTP:
 
To access the SFTP site using Internet Explorer, open your internet browser and then proceed with the following steps:
 
Go to https://ftp.jud.ca.gov/.
The login box for the SFTP site will appear.
Type in the user name: publishers.
Type in the password: jcforms.
Click on files to be downloaded, select “Save Target As.”
Select location for file and click OK.
 
If the page does not appear or does not appear correctly, you may need to refresh the page, depending on your browser and/or network settings, as well as check your firewall settings.
 
To access the SFTP site using Chrome, Firefox or Microsoft Edge, open your internet browser and then proceed with the following steps:
 
Go to ftp://ftp.jud.ca.gov/ OR https://ftp.jud.ca.gov/
The login box for the SFTP site will appear.
Type in the user name: publishers.
Type in the password: jcforms.
Click on the files to be downloaded.
Open files from pop-up box on the screen.
 
If the page does not appear, you may need to refresh the page, depending on your browser and/or network settings, as well as check your firewall settings.

The amended rules document has been revised to include the following:
Rule 5.647.  Medi-Cal: Presumptive Transfer of Specialty Mental Health Services- (effective date September 1, 2018)

The rules were amended by the Judicial Council at its May 24, 2018, business meeting. To see the meeting materials, please go to the council’s meeting page at http://www.courts.ca.gov/jcmeetings.htm.

Supreme Court- Newly Adopted Rule of Court.pdf

Rule 9.9.5.      Attorney Fingerprinting

 

(a)     Subsequent arrest notification

 

(1)     The State Bar must enter into a contract with the California Department of Justice for subsequent arrest notification services for attorneys whose license is on active status with the State Bar (“active licensed attorneys”) and attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court (“special admissions attorneys”).

 

(2)     The State Bar must consider those active licensed attorneys and special admissions attorneys for whom it is already receiving subsequent arrest notification services as having satisfied the fingerprinting requirement of this rule and thereby exempt.  The State Bar must adopt a procedure for notification of all attorneys as to whether they have been deemed to have already satisfied the requirement.

 

(b)     Active licensed attorneys

 

Each active licensed attorney, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

 

(c)     Inactive licensed attorneys

 

An attorney whose license is on inactive status with the State Bar (“inactive licensed attorneys”), with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted prior to being placed on active status for the purposes described in (b) of this rule.

 

(d)     Active licensed attorneys in foreign countries

 

Active licensed attorneys who are residing outside the United States and required to submit fingerprints under this rule should have their fingerprints taken by a licensed fingerprinting service agency and submit the hard copy fingerprint card to the State Bar.  If fingerprinting services are not provided in the jurisdiction where the attorney is physically located, or the attorney is able to provide evidence that he/she is unable to access or afford such services, the attorney must notify the State Bar pursuant to the procedure identified by the State Bar.  The attorney will be exempt from providing fingerprints until he or she returns to the United States for a period of not less than 60 days.

•  

(e)     Special admissions attorneys

 

Attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

 

(f)      Implementation schedule and penalty for noncompliance

 

(1)     The State Bar must develop a schedule for implementation that requires all attorneys subject to fingerprinting under (b) of this rule to be fingerprinted by December 1, 2019.  The State Bar must develop a schedule for implementation that requires all special admissions attorneys subject to fingerprinting under (e) of this rule to be fingerprinted by the renewal of their application to practice law in the State of California.

 

(2)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019 for attorneys for whom it is not receiving subsequent arrest notification services and for attorneys transferring to active status.  Failure to be fingerprinted if required by this rule may result in involuntary inactive enrollment pursuant to Business and Professions Code section 6054, subdivision (d).

 

(3)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019, for special admissions attorneys for whom it is not receiving subsequent arrest notification services.  Failure to be fingerprinted if required may result in a State Bar determination that the attorney cease providing legal services in California.

 

(g)     Information obtained by fingerprint submission; disclosure limitations

 

Any information obtained by the State Bar as a result of fingerprint submission under this rule must be kept confidential and used solely for State Bar licensing and regulatory purposes.

 

(h)     Fingerprint submission and processing costs

 

(1)     Except as described in (h)(2), all costs incurred for the processing of fingerprints for the State Bar, including print furnishing and encoding, as required by Business and Professions Code section 6054, must be borne by the licensed attorney or special admissions attorney.

 

(2)     The State Bar must develop procedures for granting waivers of the processing costs of running Department of Justice and Federal Bureau of Investigation background checks for licensed attorneys with demonstrable financial hardship.

 

(i)      Attorneys who are physically unable to be fingerprinted

 

(1)     If the Department of Justice makes a determination pursuant to Penal Code section 11105.7 that any attorney required to be fingerprinted under this rule is presently unable to provide legible fingerprints, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.

•  

(2)     Attorneys required to be fingerprinted under this rule may also submit notification to the State Bar that they are unable to submit fingerprints due to disability, illness, accident, or other circumstances beyond their control.  The State Bar must evaluate the notification and may require additional evidence.  If the State Bar determines that the attorney is unable to submit fingerprints based on the information provided, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.

•  

(3)     A determination of deemed compliance under (i)(1) and (i)(2) will apply only to those attorneys who are unable to supply legible fingerprints due to disability, illness, accident, or other circumstances beyond their control and will not apply to attorneys who are unable to provide fingerprints because of actions they have taken to avoid submitting their fingerprints.

 

 

Comments sought:
 
The Advisory Committee on Criminal Jury Instructions has approved and posted for public comment the latest cycle of proposed revisions, additions, and deletions to the criminal jury instructions (CALCRIM). The committee is very interested in your input.
 
The proposed changes are at this link:   http://www.courts.ca.gov/policyadmin-invitationstocomment.htm. Only these currently proposed changes and additions are being submitted for comment at this time. We will gladly accept other comments, but the committee will not be able to consider them until the next release cycle.
 
Our preferred way of receiving your comments is in a Word file attached to an e-mail sent to kara.portnow@jud.ca.gov. However, you may also respond online.  And we have also posted a comment form that you may use to comment on individual instruction or groups of instructions. Please do NOT comment by Reply All to this e-mail.
 
Comments by letter should be sent to:
 
Ms. Kara Portnow, Attorney
Judicial Council of California
Advisory Committee on Criminal Jury Instructions
455 Golden Gate Avenue
San Francisco, CA 94102
 
The deadline for receiving comments is Friday, June 22, 2018 at 5:00 p.m.
The committee will review all comments and make recommendations to the Judicial Council's Rules and Projects Committee and then to the full council. Comments received will become part of the public record of the council's action.
 
When submitting comments, please:
Indicate whether you agree with the proposal, would agree with the proposal if it is modified, or do not agree with the proposal.
Clearly identify the specific language in the instruction that you are commenting on.
Suggest alternative language, if appropriate.
Provide any applicable authority for your position.
 
We encourage your comments and critique because they help us refine both the particular instructions and the more global choices about format and approach.  We appreciate your participation in this effort.
 
On behalf of the Advisory Committee on Criminal Jury Instructions
Hon. René Auguste Chouteau, Chair
 
Kara Portnow, Staff Attorney: Advisory Committee on Criminal Jury Instructions
Legal Services | Leadership Services Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
415-865-4961 kara.portnow@jud.ca.gov | www.courts.ca.gov

Amazon Wishlist: http://a.co/i2dEq9L