Comments Sought,

A new proposal has been posted to the California Courts website, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

Posted under the following location:

Legislative Proposals

SP24-06

Title: Judicial Council–Sponsored Legislation: Juror and Prospective Juror Oaths Using Plain Language

Summary: The Court Executives Advisory Committee (CEAC) and Jury Administration and Management Subcommittee (JAMS) propose amending the oaths administered to jurors and prospective jurors in Cal. CCP § 232 to use plain language.

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

Every year leaders from Bar Affiliates all over California are invited to attend a Summit in Sacramento that addresses the work of each county’s unity bar. At this summit there are panels and speakers that provide updates as to the work of the various Unity Bars. These speakers range from a Supreme Court Justices, Judicial Nominating Secretaries, Retired Justices, and Community leaders. The primary mission of the Unity Bar is to open pathways to the bench for underserved communities, often starting the work at middle schools and high schools.

The Unity Bar Summit's objective is to make the bench reflective of the community and ensure that well qualified applicants do not self-disqualify and let our youth know that they can be Judges or involved in the legal community.

OC has one of the largest Unity Bars Comprised of 13 of its Bar Affiliates including OCWLA.

OCWLA is excited to announce board members Amber Poston, Heidi Plummer were invited and attended!

Comments Sought, a new proposal has been posted to the California Courts website, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

Posted under the following location:

CRIMINAL JURY INSTRUCTIONS (CALCRIM)

CALCRIM-2024-01

Title: Criminal Jury Instructions: Revisions

Summary: Revisions to jury instructions reflecting recent developments in the law and user suggestions.

Deadline: Comments must be submitted by Friday, June 21, 2024, at 5:00 PM (Pacific Time)

The application period for the position Associate General Counsel I at LAUSD is currently open. Please see the attached PDF for more information about the post. You may apply to the position at lausdjobs.org

Associate General Counsel I Job Posting.pdf

For UCOP internal applicants, please login to the internal candidate gateway at: Jobs at UCOP  

Position Base: Oakland

Location: UCOP - Franklin Building

UC OFFICE OF THE PRESIDENT

At the University of California (UC), your contributions make a difference. A world leader producing Nobel and Pulitzer prize recipients with over 150 years of groundbreaking research transforming the world. Choose a career where you can leverage your knowledge, skills and aspirations to inspire and support some of the greatest minds in the world, and those who will follow in their footsteps. Working at the University of California is being part of a unique institution, and a vibrant and diverse community. At the University of California, Office of the President, we propel our mission through impactful work locally, in government centers and systemwide. We are passionate people, serving the greater good.

The University of California, one of the largest and most acclaimed institutions of higher learning in the world, is dedicated to excellence in teaching, research and public service. The University of California Office of the President is the headquarters to the 10 campuses, six academic medical centers and three national laboratories and enrolls premier students from California, the nation and the world. Learn more about the UC Office of the President

DEPARTMENT OVERVIEW

UC Legal - Office of the General Counsel (UCL) provides legal services to the university's 10 campuses, five medical centers, and three affiliated national laboratories, including representation, advice, research and training. We also provide legal opinions to the Board of Regents, administration, faculty, staff and others acting on the university's behalf. We report jointly to the Board of Regents and the President. The Education Affairs and Governance group handles a wide variety of issues involving students, faculty, and academic life, such as admissions, fees, financial aid, housing, student conduct, research compliance, conflicts of interest, governance, faculty, and Academic Senate matters.

POSITION SUMMARY

Reporting to the Deputy General Counsel - Education Affairs, Employment and Governance, this Managing Counsel position will supervise a team of in-house counsel in the Education Affairs or Governance practice areas, and also provides direct client service. These practice groups handle a broad range of issues including, but not limited to, free speech, academic freedom, admissions, financial aid, student conduct, FERPA, Title IX, Clery, public records, conflict of interest, and Regents bylaws and policies. The Managing Counsel serves as a resource to subordinates on highly complex legal matters or problems in the assigned practice areas; advises and renders opinions to senior management with respect to the legal implications of establishing or changing policy; works with representatives of the campus on developing and modifying practices and procedures to conform with legal requirements; and leads and/or supports administrative or management initiatives within UC Legal. The Managing Counsel: assists the Deputy General Counsel of EAEG in the day-to-day operations of the practice group and the development of its strategic plans and budgets; serves as a member of the OGC leadership team; provides direct supervision over lawyers working in the Oakland UC Legal office and leads recruitment and retention efforts.

Responsibilities

50% Leadership and Supervision

• Manages OGC attorneys to achieve high quality work products from each individual and meet departmental service expectations. Provides an environment of individual growth and career development, recognizing and utilizing skills of others through clear, specific and timely performance feedback; recruits, mentors and retains talented employees; provides effective coaching, delegates effectively and rewards superior performance.
• Participates and collaborates in long range strategic direction for OGC initiatives, programs and services.
• Establishes the strategic goals and objectives for legal service areas under his/her purview, in support of OGC strategic goals.
• Adheres to University principles of transparency and openness in working with all constituents.
• Inspires and develops creative and innovative approaches to addressing challenges and problems.
• Seeks to determine whether programs and activities add value to the work of the University. Drives change initiatives by defining measurable outcomes, energizing others at all levels and ensuring continuing commitment when faced with new initiatives; confronts and works through concerns of various stakeholders.
• Develop clear, written performance goals and objectives annually for direct reports and contribute to the development of same for all members of the legal staff.
• Provide oral feedback to direct reports regarding progress toward goals and objectives throughout the performance review cycle.
• Provide coaching, counseling and corrective action plans as needed.
• Monitor workload of team and direct reports; evaluate client service, resource capacity and legal practice needs.
• Provide recommendations for the merit, equity, retention and award process (performance evaluation and monetary remuneration)
• Provide proactive and consistent contributions and leadership for OGC projects and initiatives.
• Proactively contribute to strategic planning for the section.
• Ensure that direct reports provide contributions for projects and initiatives.
• Practice OGC's established Values for Principles of Community: collaborative, supportive, respectful of differences, and committed to fairness and diversity in all interactions, both within and outside the team.
• Demonstrate an active and engaged commitment to diversity, establishing a climate that welcomes, celebrates, and promotes respect for diversity of race, color, national origin, sex, gender identity, pregnancy, physical or mental disability, medical condition, ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran in the University. 
• Ensure equal opportunity in search and recruitment process by ensuring diverse representation on search committees, supplemental outreach efforts, etc., and promote equity in advancements by describing review process for new staff and encouraging participation in career advising or mentoring programs, etc.
• Understand that safety and environmental issues are essential elements of ensuring the continued success of UC and its employees, and maintain a safe, healthy and environmentally sound workplace.

50% Client Service

• Provides direct client service.
• Understands that UC is a large, complex organization with many clients.
• Serve directly as legal specialist and be relied upon for high quality, timely, relevant, and solution-oriented counsel including research, writing, advice and advocacy.
• Serve as a trusted strategic partner with University business units, providing practical advice and alternative solutions to business issues.
• May directly negotiate matters on behalf of The Regents.
• Demonstrate and promote appropriate risk tolerance.
• Prioritize objectives and ensure service according to those priorities.
• Keep informed on legislation and case law developments affecting overall operations of the University or the legal practice area.
• Render opinions to The Regents and senior management with respect to the legal implications of establishing or changing policy or taking certain courses of action.
• Practice OGC's established Values for Principles of Community: collaborative, supportive, respectful of differences, and committed to fairness and diversity in all interactions, both within and outside the team.

Experience

Required Qualifications

• Minimum of 10 years of relevant experience in a law firm, public agency or academic setting. Experience should include work in at least one of the following areas: student affairs, civil rights/anti-discrimination, academic research compliance, board governance, and/or public accountability laws such as conflicts of interest or public records.

Skills and Abilities

Required Qualifications

• Outstanding interpersonal skills to interact effectively and develop and maintain productive working relationships with an array of diverse interests, individuals, and constituencies.

Preferred Qualifications

• Judgment, tact and diplomacy to partner with senior teams to help them achieve their strategic objectives.
• Outstanding communication and presentation skills, including the ability to communicate clearly, logically, and persuasively during interactions and utilize active listening skills.
• Exceptional ability to draft accurate, complete and persuasive legal documents, such as pleadings, legal responses, affidavits, position statements and briefs.
• Demonstrated understanding of highly complex legal issues in a University setting.
• Proven ability to maintain confidentiality with regard to sensitive issues and information and exercise discretion in dealing with sensitive or potentially sensitive topics.
• Demonstrated commitment to the highest ethical standards.
• Previous management or supervisory experience and / or significant project management experience.
• Demonstrated ability to act as a team player in all circumstances, as defined by contributing to the successful outcome of initiatives, accountabilities, and operations of others.
• Exceptional ability to represent institutional concerns persuasively to internal and external parties.
• Outstanding written skills as defined by the ability to compose a variety of concise, informative written materials appropriate to a particular audience.
• Outstanding skills in the ability to lead by influence and consensus.

Education

Required Qualifications

• Advanced degree in related area

Licenses and Certifications

Required Qualifications

• Must be in good standing in the California State Bar. (Out-of-state hire would be afforded time to pass the Bar within a reasonable period).

Travel Requirements

• 5% Occasional business travel.

SPECIAL CONDITIONS

The person hired will be required to reside within California and report to work on-site at UC’s Office of the President (UCOP) located in Oakland, CA on a regular basis. Current policy requires that a new employee work on-site at least two days a week on Tuesdays and Wednesdays (“anchor days”).

SALARY AND BENEFITS

Job Title: Managing Counsel 3

Job Code: 000203

Salary Grade: Grade 31

Payscale: $290,000 - $320,000, commensurate with experience

Full Salary Range: $210,700 - $437,500

The University of California, Office of the President, is required to provide a reasonable estimate of the compensation range for this role. This range takes into account the wide range of factors that are considered in making compensation decisions including but not limited to experience, skills, knowledge, abilities, education, licensure and certifications, and other business and organizational needs. It is not typical for an individual to be offered a salary at or near the top of the range for a position. Salary offers are determined based on final candidate qualifications and experience. The full salary range shows the growth potential for this position and the pay scale is the budgeted salary or hourly range that the University reasonably expects to pay for this position.

Benefits: For information on the comprehensive benefits package offered by the University visit: Benefits of Belonging

ADDITIONAL INFORMATION

HOW TO APPLY

Please be prepared to attach a cover letter and resume with your application.

APPLICATION REVIEW DATE

The first review date for this job is May 6, 2024. The position will be open until filled.

CONDITIONS OF EMPLOYMENT

Background Check Process: Successful completion of a background check is required for this critical position. Background check process at UCOP

Smoke Free Work Environment: The University of California, Office of the President, is smoke & tobacco-free as of January 1, 2014. UC Smoke & Tobacco Free Policy

As a condition of employment, you will be required to comply with the University of California Policy on Vaccination Programs, as may be amended or revised from time to time. Federal, state, or local public health directives may impose additional requirements.

EEO STATEMENT

The University of California, Office of the President, is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or protected veteran status. EEO/AA Employer UC Nondiscrimination Policy

The University of California, Office of the President, strives to make this job board accessible to any and all users. If you have comments regarding the accessibility of our website or need assistance completing the application process, please contact us at: Accessibility or email the Human Resource Department at: epost@ucop.edu.

Please apply through this link:

https://careerspub.universityofcalifornia.edu/psp/ucop/EMPLOYEE/HRMS/c/HRS_HRAM.HRS_APP_SCHJOB.GBL?Page=HRS_APP_JBPST&Action=U&FOCUS=Applicant&SiteId=19&JobOpeningId=66882&PostingSeq=1

SALARY RANGE:

Deputy City Attorney I: $109,306 - $146,481 Annually

Deputy City Attorney II: $132,059 - $176,966 Annually

Senior Deputy City Attorney: $140,179 - $187,853 Annually

In Huntington Beach, we believe passionately that the key to becoming the best beach City in the world starts and ends with finding the right people to join our team. At this time, we have outstanding career opportunities available, as we're looking for the "right people" to serve as Deputy City Attorney I, Deputy City Attorney II, or Senior Deputy City Attorney in our LITIGATION Division.

The Ideal Candidate has been practicing law in California for at least 2 years, with civil trial experience, either in prosecuting or defending lawsuits. The Ideal Candidate also has very strong legal research and writing experience, with experience researching and writing Writs, researching and writing Appeals, and preparing written discovery, dispositive motions, and preparing trial documents and briefs. Having represented other government or public agencies at trial is a significant plus and experience with State laws involving housing, planning and zoning, and State environmental laws is desirable.

City Attorney's Office

The Office of the City Attorney represents the City in all aspects of legal representation. In addition to handling all lawsuits in-house, and prosecuting crimes at the local level, the City Attorney's Office advises the City Council and all City officials in all matters of law pertaining to the business of the City of Huntington Beach. Among other things, generally the City Attorney defends the City in every lawsuit, including Writs and Appeals, prepares and/or reviews all City Ordinances, Resolutions, contracts and other legal documents. The City Attorney also prosecutes criminal cases arising from violation of the provisions of the City Charter or Huntington Beach Municipal Code, and such State misdemeanors as the City has the power to prosecute.

The Position

Under general direction from the City Attorney and Chief Assistant City Attorney, the Deputy City Attorney I, II or Senior Deputy City Attorney are assigned to the Litigation Division of the City Attorney's Office.

The Deputy City Attorney I or II perform routine to complex legal work, while the Senior level position will be assigned to handle high-exposure litigation principally in areas of, among others, Writs, Appeals, land use, State housing and

environmental laws, personnel, police defense, personal injury and other tort defense, inverse condemnation, and public works, and may be required to provide direction and assistance to less experienced attorneys at the Deputy City Attorney levels. Regarding day-to-day function, these positions receive instruction or assistance commensurate with their experience and position level.

NOTE: This posting is a job series in which applications will be accepted, reviewed, and considered based on the qualifications listed on the application. The candidates that meet the minimum qualifications and best meet the City's current needs will be invited to test at the appropriate job level within the series. Only ONE APPLICATION needs to be submitted to be considered for this job series.

Please note: This recruitment may close at any time, and will close when the hiring manager determines that a sufficient number of qualified applications have been received.

Examples of Essential Duties

Deputy City Attorney I / II

Timely responds to the needs presented while working in the City Attorney’s Office in a professional, responsible, efficient manner in accordance with office policy as set by the City Attorney;
Performs a full range of legal research, writing, and other law-related transactional duties;
Drafts, reviews, and negotiates leases, contracts, and agreements;

Drafts, reviews, evaluates, revises, and recommends City ordinances, resolutions, policies and procedures; Performs legal research, analysis, interprets laws, rulings and regulations, and prepares legal opinions to departments, boards, commissions, agencies and established committees as directed by the City Attorney or the Chief Assistant City Attorneys;

Attends meetings with City staff and/or members of the public on behalf of the City and provides legal advice during the meetings as directed by the City Attorney or the Chief Assistant City Attorneys;
May indirectly supervise other less experienced attorneys, support staff, and interns, provide work assignments and direction, review and evaluate work product as directed by the City Attorney or Chief Assistant City Attorney (at the II level)

Please click here to view the full job description for Deputy City Attorney I

Please click here to view the full job description for Deputy City Attorney II

In addition to duties listed above, Senior Deputy City Attorney (Litigation) also

Performs the full range of litigation work;
Responsible for Writs, Appeals, civil litigation, trials, damage or other civil suits in State and federal courts, including advanced appellate work and the representation of the City's Police Department and its officers in Pitchess Motions, as directed by the City Attorney or the Chief Assistant City Attorney;
Occasionally represents management in hearings involving City employee disciplinary matters, as directed by the City Attorney or the Chief Assistant City Attorney;
Handles all aspects of assigned cases or claims including investigation, pleading preparation, discovery, law and motion, court appearances, settlement negotiations, legal research, witness preparation, and trials for tort defense, writ actions, Pitchess motions, appellate work, civil rights actions, code enforcement, nuisance abatement, administrative actions and employee grievances, as directed by the City Attorney or the Chief Assistant City Attorney;

Please click here to review the full job description for Senior Deputy City Attorney.

Minimum Qualifications

Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position or assignment is qualifying. A typical combination includes:

Education: Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree. Experience:

Deputy City Attorney I - Two (2) years' experience as a practicing attorney, preferably within a municipal law office, or a private firm that has contracted with a public agency for legal services.

Deputy City Attorney II - Four (4) years' experience as a practicing attorney within a municipal law office, or a private firm that has contracted with a public agency for legal services

Senior Deputy City Attorney - Five (5) years' experience as a practicing trial attorney within a municipal law office, or a private firm that has contracted with a public agency for legal services. State and Federal jury trial experience is desirable.

License/Certifications: Possession of a valid California Class C driver license and an acceptable driving record are required by time of appointment and throughout employment.

Current member in good standing with the California State Bar Association.

Check out more information below!

DCA I_II_Senior_City_of_Huntington_Beach.pdf

The Orange County District Attorney’s Office is currently hiring for the following positions.  We would greatly appreciate your assistance with sending the link/advertisement to your members or posting it to your website.

Deputy District Attorney I, II, III’s

Salary

• Deputy District Attorney I - $89,190.40 - $107,827.20 Annually 
• Deputy District Attorney II - $104,312.00 - $116,251.20 Annually 
• Deputy District Attorney III - $119,371.20 - $165,318.40 Annually

Upcoming Salary Increases:

• 4.25% Increase – Effective June 28, 2024
• 4.00% Increase – Effective June 27, 2025

Candidates can click here to APPLY , applications will be reviewed on April 30, 2024.

Prospective Employee Benefits Page:https://hrs.ocgov.com/benefits-prospective

Announcing a special recruitment Open House featuring the Los Angeles County District Attorney’s Office and District Attorney George Gascón. Join us to learn what it means to be a 21st Century prosecutor and hear about exciting opportunities within the largest District Attorney’s office in the country. These opportunities include our new Post-Bar Paid Law Clerk Program, Deputy District Attorney I and District Attorney II openings. These opportunities cater to new graduates as well as junior criminal law attorneys. Please see additional details included in the attachment. 

This administration marks a historic moment for criminal justice in Los Angeles, and we are excited to provide job seekers with the opportunity to work in what is widely regarded as the most progressive prosecutor's office in the nation.

The event is open to all lawyers, graduating students, and anyone working in the fields of recruitment interested in gaining valuable insight into the evolving role of the 21^st century prosecutor and the unique and rewarding opportunities to join the Los Angeles County District Attorney’s office. We will have numerous members of our executive and recruitment teams available to answer any questions about the decision making involved in the hiring process. A light meal and soft drinks for all attendees will also be provided.

Please join us on Tuesday, April 23^rd, from 5pm to 7pm at the Hall of Justice. RSVP required, please RSVP by visiting this link bit.ly/LADARecruitment4-23-24 . Parking included with RSVP.

This is to inform you that thirty-two (32) new proposals to amend the California Rules of Court, and Judicial Council forms have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

APPELLATE

SPR24-02

Title: Appellate Procedure: Civil Case Information Statement, Calendar Preference, and Extension of Time

Summary: The Appellate Advisory Committee proposes revising Civil Case Information Statement (form

APP-004) to allow the appellant to provide a nonstatutory reason why the appeal is eligible for calendar preference and amending rule 8.100 to require the civil case information statement to be filed within 15 days after the Court of Appeal lodges the notice of appeal and assigns the appeal a case number. The Appellate Advisory Committee also proposes adopting a new mandatory form for requesting extensions of time to file a brief in misdemeanor appeals, revising all existing forms for requesting an extension of time to file briefs to make the forms mandatory, and revising the rules to reflect this new mandatory status. This proposal originated with a suggestion from the former Chief Justice’s Appellate Caseflow Workgroup and a committee member.

SPR24-03

Title: Appellate Procedure: Expanded Clerk’s Transcript in Felony Appeals

Summary: The Appellate Advisory Committee proposes amending California Rules of Court, rule 8.320 to

authorize the Courts of Appeal to require, by local rule, that the clerk’s transcript in felony appeals include either (1) all contents of the superior court file or (2) additional items from the superior court file beyond those currently required in rule 8.320(b). This proposal is designed to help minimize delays in felony appeals occasioned by the need to cure omissions from, or make augmentations to, the clerk’s transcript. This proposal originated from a recommendation of the former Chief Justice’s Appellate Caseflow Workgroup.

SPR24-04

Title: Appellate Procedure: Deadline for Amicus Curiae Briefs

Summary: The Appellate Advisory Committee proposes amending California Rules of Court, rule 8.200 to

provide a deadline for filing an application to file an amicus brief when no respondent’s brief has been filed. The current rule requires that applications to file an amicus brief be filed within 14 days after the reply brief “is filed or could have been filed.” The rule, however, does not provide a deadline in cases where the respondent does not file a brief and, therefore, there is no reply brief. The proposed amendment would close this gap in the rules. This proposal originated with a suggestion from the Family Violence Appellate Project.

SPR24-05

Title: Appellate Procedure: Form Briefs for Use in Limited Civil Appeals

Summary: The Appellate Advisory Committee proposes the approval of three optional forms that parties in

limited civil appeals can use to draft their appellate briefs and an information sheet that explains the use of these form briefs. Additionally, the committee proposes amending one rule of court and revising one form to address these new form briefs. The new form briefs are intended to assist self-represented litigants and attorneys unfamiliar with appellate practice in drafting effective briefs in limited civil appeals before the appellate division. The proposal originated with a suggestion from the California Lawyers Association.

CIVIL AND SMALL CLAIMS

SPR24-06

Title: Civil Practice and Procedure: Order on Unlawful Use of Personal Identifying Information

Summary: The Civil and Small Claims Advisory Committee proposes revisions to form CIV-165, Order on

Unlawful Use of Personal Identifying Information, effective January 1, 2025, to include information about the business entity at issue in the petition underlying an order. The proposed revisions respond to a request from the Secretary of State’s office for more information to allow it to act on a court’s determination that a

petitioner’s personal identifying information was used unlawfully. The revisions are intended to assist the Secretary of State in (1) redacting the victim’s name and personal identifying information from the business entity filing or label the data to show that it is impersonated and (2) removing the data from publicly accessible electronic indexes and databases.

SPR24-07

Title: Civil Practice and Procedure: Memorandum of Costs

Summary: The Civil and Small Claims Advisory Committee proposes revising the optional form for claiming prejudgment costs under Code of Civil Procedure sections 1032 and 1033.5 (form MC-010), effective January 1, 2025, to add a certification under penalty of perjury for the costs submitted. The committee also proposes (1) removing item 15 from both form MC-010 and form MC-011 (the companion worksheet) because fees for hosting electronic documents have sunsetted as an expressly allowable cost under section 1033.5 and (2) relocating “Models, enlargements, and photocopies of exhibits” on both forms to follow more closely the sequence of costs in section 1033.5. The changes are recommended based on a litigant’s challenge to form

MC-010’s verification language, a sunset provision in the statute, and a suggestion from a paralegal.

SPR24-08

 

Title: Civil Practice and Procedure: Implementation of Assembly Bill 1119                                                                                                                                       

Summary: The Civil and Small Claims Advisory Committee proposes adopting one rule and six mandatory

forms and revising one form to implement Assembly Bill 1119 (Stats. 2023, ch. 562), enacted October 8, 2023. AB 1119 creates special procedures for debtor’s examinations for judgments concerning consumer debts awarded on or after January 1, 2025, and requires the Judicial Council to adopt new forms to implement these procedures.

SPR24-09

Title: Civil Practice and Procedure: Tentative Rulings

Summary: The Civil and Small Claims Advisory Committee recommends amending California Rules of Court, rule 3.1308 to remove the outdated requirement that courts make tentative rulings available by telephone.

SPR24-10

Title: Civil Practice and Procedure: Case Dismissal With Retained Jurisdiction

Summary: The Civil and Small Claims Advisory Committee proposes amending California Rules of Court,

rule 3.1385 and revising form CIV-110 to implement amended Code of Civil Procedure section 664.6, which allows courts to dismiss cases without prejudice and retain jurisdiction to enforce settlement terms.

SPR24-11

Title: CEQA Actions: Initial Case Management Conferences

Summary: The Civil and Small Claims Advisory Committee proposes amending rule 3.2226 of the California Rules of Court to implement the provisions of Senate Bill 149 concerning initial case management conferences for actions brought under the California Environmental Quality Act.

CENTER FOR JUDICIAL EDUCATION AND RESEARCH (CJER)

SPR24-13

Title: Judicial Branch Education: Fairness and Access Requirements

Summary: The Center for Judicial Education and Research Advisory Committee proposes amending rule 10.469 of the California Rules of Court and adopting rule 10.465 to clarify existing fairness and access education requirements for judicial officers.

COURT INTERPRETERS

SPR24-14

Title: Court Interpreters: Implementation of Assembly Bill 1032

Summary: The Court Interpreters Advisory Panel proposes to amend rule 2.893 of the California Rules of

Court and revise four forms to conform with recent statutory changes enacted by Assembly Bill 1032 (Pacheco; Stats. 2023, ch. 556), relating to provisionally qualified court interpreters.

CRIMINAL

SPR24-15

Title: Criminal Law: Parole Period Advisement

Summary: The Criminal Law Advisory Committee proposes amending rule 4.433 of the California Rules of

Court to add a reference to the parole periods described in Penal Code section 3000.01. This reference would appear in subdivision (e), which describes the sentencing judge’s advisement to the defendant about the parole period to be served after expiration of the sentence.

SPR24-16

Title: Criminal Law: Firearm and Body Armor Prohibitions

Summary: The Criminal Law Advisory Committee proposes revising six criminal forms to incorporate firearm and body armor prohibitions enacted in recent legislation. The committee also proposes further revisions to the plea and relinquishment forms in this proposal (forms CR-101, CR-102, and CR-210) to reflect new procedures on firearm relinquishment, clarify prohibited items and relinquishment requirements, and refer to the possibility of a lifetime prohibition on firearm possession for misdemeanor domestic violence offenses. Finally, the committee proposes additional revisions to the felony plea form (form CR-101) based on other statutory changes, and to the criminal protective orders (forms CR-160 and CR-161) based on stakeholder suggestions.

FAMILY AND JUVENILE  AND CRIMINAL

SPR24-18

Title: Criminal Law and Family Law: Changes to Form MIL-100

Summary: The Family and Juvenile Law Advisory Committee and Criminal Law Advisory Committee propose revising form MIL-100, effective January 1, 2025. The Family and Juvenile Law Advisory Committee proposes revising form MIL-100 to implement the requirements of Family Code section 211.5, which was added by Senate Bill 1182 (Stats. 2022, ch. 385). The proposed changes would allow the court to comply with section 211.5 when the form is filed in a family law case involving a person who has military, veteran, reserve, or active status. The Criminal Law Advisory Committee proposes additional revisions to form MIL-100 to clarify procedures under Penal Code section 858 when the form is filed in a criminal case, and to reference treatment options for pretrial diversion under Penal Code section 1001.80. The committees also propose updating and reformatting the information on the back of the form for improved readability.

FAMILY AND JUVENILE

SPR24-19

Title: Juvenile Law: Harm of Removal

Summary: To implement recent legislation creating new factors to be considered by the juvenile court at a

detention hearing, the Family and Juvenile Law Advisory Committee proposes amending three rules and revising one Judicial Council form, effective January 1, 2025. Senate Bill 578 (Ashby; Stats. 2023, ch. 618) amended Welfare and Institutions Code section 319 to require the court to consider the impact on the child when being separated from their parent or guardian at a detention hearing. The proposal would amend rules and revise a form related to the detention hearing to address the new reporting requirements and clarify the court’s role in mitigating harm to the child related to removal from their home.

SPR24-20

Title: Juvenile Law: Retention of Jurisdiction and Petitions Requesting Juvenile Case Files of Deceased Children

Summary: The Family and Juvenile Law Advisory Committee proposes amending one rule of court to

implement Assembly Bill 1756 (Stats. 2023, ch. 478, § 62), which amended Welfare and Institutions Code section 10850.4 to extend the juvenile court’s jurisdiction in cases involving the death of a child or nonminor dependent. The committee also proposes adopting one rule of court, amending two rules of court, adopting a new form, and revising six forms to clarify the different legal standards for petitions seeking disclosure of a living child’s juvenile case file under section 827(a)(3) and a deceased child’s juvenile case file under section 827(a)(2).

                      

SPR24-23

Title: Family Law: Adoption Forms

Summary: The Family and Juvenile Law Advisory Committee recommends adopting one new form and

revising six forms to simplify the process for all adopting parents, and their counsel if represented. The committee further recommends revising the adoption request form to conform to a portion of Assembly Bill 1650 (Patterson; Stats. 2023, ch. 76) which requires that the petitioner inform the court, in writing, whether the petitioner has entered, or has agreed to enter, into a postadoption contact agreement.

SPR24-26

Title: Family Law: Child Custody Forms and a Standard of Judicial Administration Under Senate Bill 599

Summary: The Family and Juvenile Law Advisory Committee proposes implementing Senate Bill 599 by

amending one standard of judicial administration relating to supervised visitation, approving a new information sheet to include the new statutory definition of virtual visitation, and revising three forms relating to child custody and visitation (parenting time) for cases involving allegations of a parent or parents’ history of abuse or substance abuse under Family Code section

3011.

JUDICIAL ADMINISTRATION

SPR24-01

Title: Trial Courts: Standard 2.2 Diversion Reporting

Summary: The Court Executives Advisory Committee proposes that the Judicial Council amend standard 2.2 of the California Standards of Judicial Administration, which gives guidance to trial courts on the types of matters that remove a case from court control for purposes of calculating computation of time. The standard calls out cases in drug diversion programs under Penal Code section 1000 et seq. but is unclear as to whether other types of diversion programs should be treated similarly. The issue was raised to the committee’s Judicial Branch Statistical Information System Subcommittee by a court seeking clarity on whether the time reporting guidelines for drug diversion programs under Penal Code 1000 et seq. were intended to apply to other types of diversion programs. Revising the language in the standard is intended to increase clarity and help ensure consistent data reporting.

PROBATE AND MENTAL HEALTH

 

SPR24-28

Title: Probate Conservatorship: Care Plan

Summary: To implement recent legislation, the Probate and Mental Health Advisory Committee proposes

adopting one form and revising one form for mandatory use by a conservator of the person to prepare and file the care plan required, effective January 1, 2025, by Probate Code section 2351.2.

SPR24-29

Title: Probate Conservatorship: Confidential Declaration Forms

Summary: The Probate and Mental Health Advisory Committee proposes adopting one form, revising one

form, and revoking one form related to probate conservatorships. The new form for mandatory use would be used to certify that a conservatee, proposed conservatee, or person alleged to lack capacity is medically unable to attend a hearing that they would otherwise be required to attend. The revised form—also for mandatory use—would (1) expand the scope of the existing capacity declaration to allow the assessing clinician to provide additional information needed by the court to make the legal determinations at issue, and (2) incorporate other capacity determinations related to a conservatee’s treatment for a major neurocognitive disorder, such as dementia. The existing attachment form with the major neurocognitive disorder capacity determinations would be revoked as no longer necessary. The proposal is part of the committee’s project to update the conservatorship forms to conform to recent legislation promoting self-determination for persons

subject to protective proceedings, including conservatorships.

SPR24-30

Title: Probate Guardianship: Participation of a Minor Ward in Court

Summary: The Probate and Mental Health Advisory Committee proposes amending rule 7.1016 of the California Rules of Court to conform to recent legislation that amended Family Code section 3042. The legislation changed the conditions under which a minor child participates or testifies in court in a child custody or visitation proceeding, including a probate guardianship of the person. The committee also proposes amending the rule to conform more closely to statute by narrowing the scope of its application and expanding the protections afforded to wards who are parties, as well as to clarify its requirements and simplify its language.

PROTECTIVE ORDERS

 

SPR24-22

Title: Juvenile Law: Restraining Orders

Summary: The Family and Juvenile Law Advisory Committee recommends amending several rules of the California Rules of Court and revising several forms to conform to recent statutory changes enacted by Assembly Bill 1621 (Gipson; Stats. 2022, ch. 76) and Assembly Bill 92 (Stats. 2023, ch. 232). AB 1621 redefines “firearm precursor parts” and AB 92 specifies that a person who is prohibited from possessing firearms is also prohibited from possessing, owning, or buying body armor. The committee also proposes a new notice of hearing form that is separate from the temporary restraining order forms and a new rule clarifying the requirement that the juvenile court that has jurisdiction of a child or youth must hear requests for restraining orders initiated by or brough against the child or youth.

SPR24-24

Title: Protective Orders: Rule and Form Changes to Implement Senate Bill 459

Summary: To implement Senate Bill 459 (Stats. 2023, ch. 874), the Family and Juvenile Law Advisory Committee proposes adopting a number of domestic violence restraining order forms to allow either party to request to change or end a domestic violence restraining order. The proposal also recommends changes to existing family law forms and a family law rule of court to reflect the new proposed process. The proposed changes would help parties, attorneys, and court professionals understand the changes in the procedures when a party wants to ask the court to change or end orders made in a domestic violence restraining order.

SPR24-25

Title: Protective Orders: Changes to Domestic Violence Forms to Implement New Laws SB 599 and AB 92

Summary: The Family and Juvenile Law Advisory Committee recommends the approval and revision of a number of domestic violence restraining order forms to comply with new requirements for child custody and visitation orders (Senate Bill 599), and include body armor prohibitions (Assembly Bill 92).

SPR24-31

Title: Protective Orders: Revisions to Civil Forms to Implement New Law

Summary: The Civil and Small Claims Advisory Committee proposes the revision of numerous protective order forms. These revised forms implement three significant changes to the law. First, changes are needed to all the restraining order form series, including the Gun Violence, Civil Harassment, Elder Abuse, Workplace Violence, and Private Post-Secondary School Violence forms addressed in this proposal to implement a new law prohibiting the possession of body armor by those who are prohibited from possessing firearms. Second, further changes are needed to gun violence restraining order forms to reflect a new law that permits the acquisition of body armor to be considered as evidence in determining whether to issue such a restraining order. Finally, the proposal also implements new laws concerning workplace violence restraining orders that add harassment as a basis for orders, permit collective bargaining representatives to petition for orders, and allow the employee who suffered the harassment, violence, or threat of violence to opt out of being named in orders.

TRAFFIC

SPR24-32

Title: Traffic: Officer’s Declaration in Trial by Written Declaration

Summary: The Traffic Advisory Committee proposes changes to form TR-235, Officer’s Declaration, used in trials by written declaration for certain traffic infractions. The committee proposes to revise the form to state that an officer should verify that the current version of the engineering and traffic survey (ETS) is on file with the court before checking a box that states the ETS is on file. The committee also proposes to amend an out-of-date reference to the length of validity of an ETS and other minor updates to the form.

SPR24-33

Title: Traffic: Mandatory Reminder Notices—Traffic Procedures

Summary: The Traffic Advisory Committee proposes revising a rule of court to clarify the procedures for a court to follow for sending infraction notices. The committee proposes exceptions to the notice procedures when a court does not have a litigant’s address or the information necessary (or the technological capability) to send a notice electronically. Additionally, the proposal includes revisions to improve readability and changes to comply with current law.

SPR24-34

Title: Traffic: Instructions for Notice to Appear and Related Forms

Summary: The Traffic Advisory Committee proposes revising form TR-INST for clarification. Form TRINST provides a manual of instructions for the notice to appear and related forms that include forms TR-100, TR-106, TR-108, TR-115, TR-120, TR-130, and TR-140. The proposal addresses technical amendments and corrections and responds to several suggestions from forms users.

SPR24-35

Title: Traffic: Ability-to-Pay Request Form and Court Order

Summary: Several courts have requested changes to form TR-320/CR-320, Can’t Afford to Pay Fine: Traffic and Other Infractions, and to form TR-321/CR-321, Can’t Afford to Pay Fine: Traffic and Other Infractions (Court Order). They have specifically requested that these forms provide an option for a litigant to enter a plea on the form itself, so that litigants would not be required to appear in court to enter a guilty or no-contest plea in traffic and other infraction cases. Stakeholders have also requested the types of public benefits listed on the form be expanded. The Traffic Advisory Committee proposes changes that would make the forms conform with the options currently offered through the court’s online ability-to-pay tool, MyCitations.

TRIBAL COURT–STATE COURT FORUM AND FAMILY AND JUVENILE

 

SPR24-36

Title: Family and Juvenile Law: Recognition and Enforcement of Tribal Court Child Custody Orders

Summary: The Tribal Court–State Court Forum and the Family and Juvenile Law Advisory Committee propose that, effective January 1, 2025, the Judicial Council approve two new forms and revise four existing forms to clarify that the requirement to recognize and enforce child custody orders under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (found in sections 3400–3465 of the Family Code) applies to custody orders issued by a tribal court. Tribal court judges report that they have experienced problems having their child custody orders registered and enforced because the existing form refers only to out-of-state custody orders and does not reference tribal court orders.

Deadline: Comments must be submitted by Friday, May 3, 2024 at, 5:00 PM (Pacific Time)

Dear Publishers of the California Rules of Court, attached please find newly adopted and amended rule(s) with the effective date of April 1, 2024. These rules were adopted by the Judicial Council at its September 19, 2023 and March 15, 2024 business meetings.

2024-03-15-rules-effective-04-01-2024.pdf

2023-09-19-rules-effective-04-01-2024.pdf