June 19, 2015 PROPOSED REVISIONS TO LOCAL COURT RULES

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1 SHERRI R. CARTER EXECUTIVE OFFICER / CLERK 111 NORTH HILL STREET LOS ANGELES, CA June 19, 2015 PROPOSED REVISIONS TO LOCAL COURT RULES Pursuant to California Rules of Court, Rule (g), the following proposed amendment to the Local Rules is hereby distributed for comment. The affected rules are: RULE 8.1 DUTIES OF SUPERVISING JUDGE OF THE CRIMINAL DIVISION Amend Rule 8.1 (a), (b) and (c) to correct language relating to criminal matters. RULE 8.2 FILING AND TRANSFER OF CASES Amend Rule 8.2 (b) to change language relating to the transfer of cases. RULE 8.33 PETITIONS FOR HABEAS CORPUS OR OTHER EXTRADINARY RELIEF Amend Rule 8.33 (a) and (b) to conform changes to current practice relating to infraction, misdemeanor and felony cases. RULE 9.11 WRITS Amend Rule 9.11 (b) to conform to the changes made to Rule The proposed amendments were reviewed and approved by both the Los Angeles Superior Court s Rules Committee and Executive Committee. Comments must be submitted via at localrulescomments@lacourt.org, or in writing, to: Janet Garcia, Room 620, Management Research Unit, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA Comments must be received no later than 5:00 p.m. on August 7, View LASC Local Rules at

2 ASSIGNMENT OF CASES AND BAIL 8.1 DUTIES OF SUPERVISING JUDGE OF THE CRIMINAL DIVISION (a) Responsibility of the Supervising Judge. The Supervising Judge of the Criminal Division ( Supervising Judge ), or another judge designated by the Supervising Judge shall preside in Department 100 and has the authority to assign criminal cases matters for trial or hearing to any court throughout the county, hear Grand Jury matters, resolve issues relating to pending death penalty cases and assist other courts in coordination of criminal calendars. The Supervising Judge may designate any other judge to assist in these duties. (b) Direct Calendar Courts. The Supervising Judge may designate certain criminal courts in the Central District to be felony direct calendar courts. Judges in those courts shall handle all cases assigned to them for all purposes. Direct calendar court judges shall make every reasonable effort to manage their calendar so as to avoid the need to reassign cases. (c) Master Calendar Trial Courts. The Supervising Judge may designate certain criminal courts in the Central District to be felony trial courts. Assignment of cases to trial courts shall be made by Department 100 as a master calendar court for all purposes. (d) Other Criminal Courts. The Supervising Judge may designate other criminal courts within the Central District to handle specialized criminal matters. These courts may include felony and misdemeanor arraignment courts, preliminary hearing courts, misdemeanor master calendar courts, drug courts, traffic infraction courts, and post-conviction matter courts. (Rule 8.1 [7/1/2011] amended and effective ) Rule Staff Edits - 6/4/2015 Page 1

3 FILING AND TRANSFER OF CASES (a) Filing of Cases. Indictments, criminal complaints, and informations must be filed in accordance with Local Rule 2.3(a)(3). (b) Transfer of Cases. Whenever the Presiding Judge or the Supervising Judge determines that the calendar in any district, including the Central District, has become so congested as to jeopardize the right of a party to a speedy trial or to interfere with the proper handling of the judicial business in that district, or for security or calendar administration reasons, or in the interests of justice, he or she may order the transfer of one or more pending criminal casesmatters to another district for trial or hearing, or, Local Rule 2.3(a)(3) notwithstanding, may order the filing of cases in a different district. (Rule 8.2 [7/1/2011] amended and effective ) Rule Staff Edits - 6/4/2015 Page 1

4 PETITIONS FOR HABEAS CORPUS OR OTHER EXTRAORDINARY RELIEF (a) Felony Cases. A petition for writ of habeas corpus in felony cases must be filed, as follows: (1) To Review a Judge s Order or Ruling Made After the Preliminary Hearing. If the petition seeks a review of a judge s ruling or order made after the defendant s preliminary hearing has been completed, the petition must be filed in the district where the case is or was last pending, and promptly presented, as follows: a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case is or was last pending in the Central District; or b) To the supervising judge of the district (sitting as a master calendar judge) of the district where the case is or was last pending. The supervising judge shall then assign the matter to a judge other than the judge whose order or ruling is sought to be reviewed. (2) To Review Matters Other Than a Judge s Ruling or Order Arising After the Preliminary Hearing. If the petition seeks review of a matter other than a judge s ruling or order that occurred after completion of the defendant s preliminary hearing, it must be filed in the district where the case is or was last pending, and promptly presented to the judge in the department where the case is or was last assigned. If that department is no longer handling criminal matters, the petition must promptly be presented, as follows: a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case was heard or is pending in the Central District; or b) To the supervising judge of the district (sitting as a master calendar Rule Staff Edits - 6/4/2015 Page 1 of 3

5 judge), where the case is or was last pending. (3) To Review a Ruling, Order or Other Matter Arising Prior to the Preliminary Hearing. If the petition seeks review of a judge s ruling, order or other matter made prior to completion of the defendant s preliminary hearing, it must be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division. (4) Special Rule for Certain State Prison Inmate Petitions. Notwithstanding subsections (1), (2) or (3) above, a writ petition by a state prison inmate seeking relief Rule Staff Edits - 6/4/2015 Page 2 of 3

6 concerning failure to admit evidence of intimate partner battering, post-sentencing time credits, state prison time credits, state prison custodial conditions (including access to inmate property and treatment by custodial officials or other inmates), denial of parole, or DNA exoneration testing, must be filed in the Central District and promptly presented to the Supervising Judge. (5) Inmate Petitions Regarding Lost, Stolen or Destroyed Property. A petition by an inmate seeking as the principal relief the value of lost, stolen or destroyed property will be deemed to be a petition for a writ of mandate and must be filed in the Civil Division. Inmate petitions for a writ of mandate must demonstrate exhaustion of administrative remedies under Title 15 of the California Code of Regulations. A petition must not include habeas corpus claims with mandate claims. (b) Misdemeanor and Infraction Cases. Petitions for writ of habeas corpus in misdemeanor and infraction cases must be filed as follows: (1) In Conjunction With an Appeal. If a petition is filed in conjunction with an appeal to the Appellate Division, the petition must be filed in Department 70, Room 607, Mosk Courthouse. (See Local Rule 2.7(a).) (2) Not In Conjunction With an Appeal. If there is no pending appeal, the petition must be filed in the Central District and promptly presented to the assistant supervising judge of the Criminal Division, Limited Criminal Cases. (c) When Deemed Submitted. A habeas corpus petition is submitted for decision for purposes of the 90-day rule (Cal. Const. Art VI, Sec. 19) at the conclusion of the evidentiary hearing, if one is held. If there is supplemental briefing after the conclusion of the evidentiary hearing, the matter is submitted when all supplemental briefing is filed with the court. (Rule 8.33 [7/1/2011] amended and effective ) Rule Staff Edits - 6/4/2015 Page 3 of 3

7 WRITS (a) Form and Notice. A writ petition must comply with all applicable statutes and the California Rules of Court. (See Code Civ. Proc., ; Cal. Rules of Court, rules ) (b) Writs Involving Felony Matters Prior to the Preliminary Hearing Defendant Being Held to Answer. In felony cases where the ruling, order or other matter arose prior to the completion of the preliminary hearing, petitions for writs of mandate, prohibition, review (certiorari), habeas corpus or any other petition for extraordinary relief, must be filed in Department 100 in the Central District and promptly presented to the Supervising Judge of the Criminal Division. (See Local Rule 8.33(a)(32).) Subdivisions (c), (c)(2)a), (c)(3), and (d) of this rule apply to petitions filed with the Supervising Judge of the Criminal Division in Department 100. (c) Filing and Service of Writs. (1) Filing. a) Where Filed. The original petition with proof of service must be filed in Room 102 of the Stanley Mosk Courthouse. b) When Filed. A writ petition generally must be filed within the statutory period for an appeal. (2) Filing Fees. a) Criminal Cases. No filing fees are required in a criminal case. b) Civil Cases. The filing fee for a civil writ petition is the same as that in the schedule for the filing of civil cases. (3) Service. The petition must be served on all parties and the trial court before filing. (4) Lodging With the Clerk. Petitioner must lodge a file-stamped, conformed copy of the petition, and may include a proposed alternative writ, with the clerk in Room 607 of the Stanley Mosk Courthouse. (d) Writ Proceedings and Decisions. The court may: (1) Continue the matter and request supplementary documents or preliminary opposition; (2) Summarily deny the petition without hearing; (3) Notify the parties of the court's intent to issue the peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.); or (4) Issue an alternative writ or order to show cause and set the matter for a hearing, after which, a decision will be made. If an alternative writ is issued, a certified copy of the writ or order shall be promptly sent to the parties. (Cal. Rules of Court, rule 8.934(a).) (e) Habeas Corpus Filed in Conjunction with an Appeal Pending in the Appellate Division. (1) The petition must be verified. (2) The petition must be served on the trial judge and on the People before filing. Rule Staff Edits - 6/4/2015 Page 1 of 2

8 Courthouse. (3) The petition must be filed in Department 70, Room 607, of the Stanley Mosk (4) No filing fee is required. (Rule 9.11 [7/1/2011] amended and effective ) Rule Staff Edits - 6/4/2015 Page 2 of 2