Read on Twitter
Today (Monday) at 12:20pm—California’s Judicial Council is expected to
- Set bail at $0 for low level felonies and misdemeanors
- Suspend foreclosures and entry of defaults in evictions
- Allow more appearances by teleconference
& more. I’ll be reporting on @KPCC + @LAist
- Set bail at $0 for low level felonies and misdemeanors
- Suspend foreclosures and entry of defaults in evictions
- Allow more appearances by teleconference
& more. I’ll be reporting on @KPCC + @LAist
Here’s the agenda if you’re looking to follow along: https://jcc.legistar.com/View.ashx?M=A&ID=773783&GUID=DA9DA387-17C3-4883-8AE9-32CED2B6BBFA
There should be livestream details avail. soon, but the listen-only conference number is 866-519-2796 passcode: 602623.
There should be livestream details avail. soon, but the listen-only conference number is 866-519-2796 passcode: 602623.
Meeting underway! The council is looking at 11 temporary rules.
“To say there is no playbook is a gross understatement of the situation,” Chief Justice Tani Cantil-Sakauye said in her opening statement. “We are trying to balance access to justice with a safe court environment,”
“To say there is no playbook is a gross understatement of the situation,” Chief Justice Tani Cantil-Sakauye said in her opening statement. “We are trying to balance access to justice with a safe court environment,”
As with any business or public meeting of late -- there's a technical blip.
A member of council put the call on "hold," which blasted us with rockin' muzak tunes and derailed the conversation.
Resolved quickly. Onward!
A member of council put the call on "hold," which blasted us with rockin' muzak tunes and derailed the conversation.
Resolved quickly. Onward!
Starting off: public comment. The Judicial Council got 'hundreds' of written comment reacting to proposed rule changes & how to keep defendants, staff, lawyers, the community safe.
Won't be able to go through all of them during this meeting (it's only scheduled for 90 minutes)
Won't be able to go through all of them during this meeting (it's only scheduled for 90 minutes)
First 2 rules passed unanimously:
#1 - Suspends evictions by preventing courts from issuing a tenant w/ a summons or a default judgement (normally this requires a tenant’s response within 5 days). Any trials can be set 60+ days after request
#2 - Suspends mortgage foreclosures
#1 - Suspends evictions by preventing courts from issuing a tenant w/ a summons or a default judgement (normally this requires a tenant’s response within 5 days). Any trials can be set 60+ days after request
#2 - Suspends mortgage foreclosures
Rule #3. There's a proposal to change this language to relax need for defendants' consent & expand remote proceedings.
New language would say “The court may conduct any criminal proceeding remotely” and consent would be required only for the waiver of the defendant’s appearance
New language would say “The court may conduct any criminal proceeding remotely” and consent would be required only for the waiver of the defendant’s appearance
Senator Hannah-Beth Jackson questions whether defendant's right to in-person appearance shouldn't be entirely suspended. Reason: inmates are being diagnosed w/ COVID-19 at alarming numbers. Transporting them to court hearings could put law enforcement and court personnel at risk
Cantil-Sakauye responds: Case law recognizes defendant’s right to be present at all critical stages of proceedings.
For now, she believes counties are able to manage this process -- but local sheriffs are responsible for transport “And I haven’t heard from them, frankly”
For now, she believes counties are able to manage this process -- but local sheriffs are responsible for transport “And I haven’t heard from them, frankly”
Cantil-Sakauye: “I am loathe to override the defendant’s consent”
“I don’t see the need for courts to universally override the defendant’s consent for these hearings at this time”
“I’m trying to base this on facts and evidence and trying to balance the rights of the accused”
“I don’t see the need for courts to universally override the defendant’s consent for these hearings at this time”
“I’m trying to base this on facts and evidence and trying to balance the rights of the accused”
Rule #3 passed as amended -- all voted ' yes' save Senator Jackson, who abstained.
Next: Rule #4 would set bail for low-level felonies and misdemeanors at $0.
Scheduled to take effect April 10 5 PM but an amendment has been proposed to move this change to Monday April 13 5 PM
Next: Rule #4 would set bail for low-level felonies and misdemeanors at $0.
Scheduled to take effect April 10 5 PM but an amendment has been proposed to move this change to Monday April 13 5 PM
