0708-criminalbench-barmeetingnotes

07/08 - Criminal Bench - Bar Meeting Notes

At the meeting Judges Harlan and Richmond discussed the following: 

1. Judicial Council Felony Plea Forms

   1. Either the new local felony plea form or the AOC form will be accepted by the court. The local form is/will be put on the court's website, hopefully as a fill-in form. However, the belief is that the AOC for does not cover everything and there is a preference for the local for.

   2. - 2008 Felony Plea form [ click to download pdf ]

   3. - Addendum to the Felony Plea Form [ click to download pdf ]

   4. Penal Code Section 1417.3 [ click to download pdf ]

   5. The court will be requesting that any toxic, hazardous or other similar evidence items not be brought into the court room or minimally that they not be given to jurors. The plan is for photographs to be used instead. i.e. Photograph is stipulated to accurately represent the evidence item and photo is submitted into evidence. Or, i.e. item is brought in marked and identified as well as a photograph of the item. The photograph is moved into evidence but the actual item is not by stipulation. HOWEVER, if defense counsel have some basis for the actual item to be used and/or seen by the jury, be prepared to make an in-camera motion supporting that position.

   6. Two reasons why this approach is being done:

   7.            1) hazardous materials and

   8.            2) no court storage room.

2. Disqualification 170.6 calendar issues

• 1. If, for example, a 170.6 is filed following the PX and Information setting, then the matter will be called on the date previously set. At that point the now disqualified judge will re-schedule the Informaiton arraignment date. The court will no longer attempt to shuffle the calendar or attempt to move the case on the date previously set. NOTE - it might be helpful - if you know - to advise the court at the time of the setting of the Information arraignment that a 170.6 will be filed. If not, the be prepared to deal with the 170.6 on the initial Information arraignment date.

3. Bail Schedule

• 1. The felony bail schedule is still being worked on. The misdemeanor schedule is done. It was requested that both be put on-line, which is being looked into.

  2. There was general discussion about defendant's re-paying the county for attorney services. The PD is ready and are awaiting to be advised to provide the necessary information to whom ever will be the recepient. Appointed counsel should also be prepared to provide information as well.

4. Submission of appointed counsel billings

• 1. Be advised that a policy is in the works which will limit the time frame in which you can submit a bill. After that time the bill WILL NOT be paid. Be timely !!!.