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NOVEMBER­DECEMBER
1
9
9
8
COU
ou Think?
Please respond to the
What Do Y
readership survey inside.
RTNEWS www.courtinfo.ca.gov
Y2K and Counting
Courts Need Help to
Combat Millennium Bug
Part of the Trial Court Funding
ment of being forced to move
sensitive files and wreak the
Act of 1997, the fund was to be
ahead with Y2K remedies with-
kind of havoc in the courts that
used to improve technology in
out the promised funds, of run-
some prophesy in other areas.
the trial courts, provide access to
ning the race even as their hands
But one thing is certain: disre-
online research tools, and fund
are tied.
gard of the Y2K problem would
ILLUSTRATION BY SUZANNE BEAN
related judicial and staff educa-
The predictions from some
have some serious consequences
tion programs. It was also the an-
quarters are dire: food shortages
for the state's judicial system.
swer to many courts' Year
due to collapse of the trans-
The first challenge for the
2000, or Y2K, problems.
portation network, an economic
Court Technology Advisory Com-
depression due to chaos in the
mittee has been to assess the
ASSISTANCE
banking system, civil breakdown
problem in each of the state's
NEEDED
due to disruption in the power
58 county court systems. In
"We were hoping for
grid, and for good measure and
April 1997, the AOC's Informa-
some assistance in
to cover all bases, Armageddon.
tion Services Bureau sent out
BY JAMES CARROLL
dealing with an urgent, time-
questionnaires on Year 2000
sensitive, and important proj-
`NOT DOOMSDAY'
readiness to the chief execu-
ect," explains Roddy. "This is a
"It's not that bad; it's not dooms-
tives of each court. While 34 of
once-in-a-lifetime occurrence,
day," reassures Victor Rowley,
When the state Legislature adjourned
in August without approving $50
the court systems replied that
and resources to deal with it are
assistant director of AOC's In-
million for trial court modernization,
Continued on page 2
not there in normal operating
formation Services Bureau and
Michael Roddy's first thought was "But this can't wait."
budgets."
staff to the Judicial Council's
Roddy, court executive for
probation records, and essen-
Chief Justice Ronald M.
Court Technology Advisory Com-
the Superior Court of Sacra-
tially every other aspect of court
George calls the failure of the
mittee. "The sky isn't falling, but
mento County, and his col-
operations.
Legislature and Governor to ap-
some prompt remedial action is
For Court
leagues around the state are
To help them win the race,
prove the JAEMF a temporary
absolutely necessary in many of
Employees
unwitting recruits in a race
court executives and informa-
setback for trial court funding
the courts."
against time. For them, the Year
tion services managers were re-
and plans to continue efforts to
The cause of all this angst is
Attention, court employees:
2000 arrives early--sometime in
lying on the Legislature to make
restore the funds when the new
a flaw in computer hardware
the first quarter of 1999--when
good on a promise of providing
Legislature convenes in January.
and software that prevents them
Look for this symbol
the millennium bug, the techno-
$50 million for the Judicial Ad-
In the meantime, Roddy and
from recognizing dates after De-
throughout Court News
glitch of the century, will invade
ministration Efficiency and
many other court administrators
cember 31, 1999. The glitch has
court calendars, case processing,
Modernization Fund (JAEMF).
find themselves in the predica-
the potential to corrupt date-
for stories of interest to
you. As more
Implementation Committee Named
of you
join the
IN THIS ISSUE
Community-Focused Court
ranks of
our readers, we
M I L L E N N I U M B U G
B I T E S C O U R T S . . . . . . . . . . . . . 1
Planning Is Under Way
intend to broaden our
C O M M U N I T Y- F O C U S E D
coverage of court em-
P L A N N I N G U N D E R WAY . 1
D R U G C O U R T
ployee news. Share with
M O V E M E N T S U R G E S . . . . . 4
Community-focused court
completion of the work of the
planning moves into a vital
29-member Court/Community
new phase this fall with the ap-
Outreach Task Force, the com-
us your ideas for news
J U R Y I M P R O V E M E N T S
pointment of a committee to
mittee will also oversee ongoing
TA S K F O R C E N A M E D . . . . . 6
oversee the implementation of
efforts to institutionalize com-
items and information
J U D I C I A L C O U N C I L
countywide planning activities
munity outreach programs in the
you'd like to see in future
A P P O I N T M E N T S M A D E . . 6
around the state and the debut
courts, including the following
of several court and community
projects:
issues.
J U V E N I L E C O U R T
R E F O R M A D D R E S S E D . . . . 7
resources.
w Consultant Grant Funds:
q Contact: Court News,
In August, Chief Justice
` 3 S T R I K E S N E T W O R K ' :
The Judicial Council intends to
Ronald M. George appointed the
E N H A N C E M E N T S . . . . . . . . . . 8
support the work of local court-
Public Information Office,
11-member Community-Focused
TRIAL COURT FUNDING. . . 9
planning teams by making funds
Court Planning Implementation
Administrative Office of
first-ever statewide community-
available to bring court-planning
N E W R U L E S . . . . . . . . . . . . . . . 1 0
Committee (see box, page 2). The
focused court planning confer-
consultants to the local courts.
the Courts, 303 Second
N E W F O R M S . . . . . . . . . . . . . . 1 1
California Court and Commu-
ence in Long Beach.
Look for application guidelines
nity Collaboration Project was
SPOTLIGHT ON TRIAL
Street, South Tower, San
The new committee's charge
in early 1999.
COURT FUNDING UNIT . . . 1 3
begun in 1997 in response to
is to assist county teams in de-
what Chief Justice George has
w Regional Workshops:
Francisco, CA 94107, 415-
E D U C AT I O N &
veloping strategic plans; create a
called "a new era" in relations
These workshops, planned for
D E V E L O P M E N T . . . . . . . . . . . 1 5
strong link between planning
396-9118 (CALNET 8-531-
between the courts and their
Spring 1999, will gather the local
C O U R T B R I E F S . . . . . . . . . . . 1 5
and budget development; and
communities. Last May, the Ju-
court-planning teams together
9118), or fax: 415-396-9367
establish and maintain a clear-
C A L E N D A R . . . . . . . . . . . . . . . . 1 6
dicial Council sponsored the
to share their personal experi-
inghouse of resources. Upon
(CALNET 8-531-9367).
Continued on page 2



2
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
w
FPO
Planning
Implementation Members
25%
Continued from page 1
Community-focused court planning nec-
istrator, Los Angeles
ences with community-focused
essarily relies on the participation of
Municipal Court;
court planning efforts and learn
other public sectors working with the
Mary Jane Burke,
from other counties' experi-
judiciary. Many of these are represented
Marin County Super-
ences.
on the Implementation Committee re-
intendent of Schools,
cently appointed by the Chief Justice.
Marin County Office
w How-to Videos: The AOC
They are Judge Judith McConnell,
of Education; Jose
is producing an overview video
Superior Court of San Diego County,
Octavio Guillen, Ex-
FPO
of the Long Beach conference.
Co-chair, and Presiding Judge Veronica S.
ecutive Officer, Supe-
Presiding Judge
The video, which includes a
25%
McBeth, Los Angeles
rior Court of Napa
Veronica S.
complete review of the Five-
Municipal Court, Co-
County; Mary Hernan-
McBeth
Step Community-Focused Court
chair; Ernest C. Ayala,
dez, San Francisco
Planning Model, will be released
Chair, State Legislative
Board of Education,
in December with an accompa-
Committee, American
and past president, National Hispanic Bar
nying manual.
Association of Retired
Association; Justice Thomas E. Hollen-
w
Persons; Kenneth W.
horst, Court of Appeal, Fourth Appellate
Conference Videos: Also
Babcock, Directing At-
District, Division Two (San Bernardino);
available from the AOC are
torney, Consumer Law
Judge Douglas P. Miller, Superior Court
videos of panel discussions from
Judge Judith
Project, Public Coun-
of Riverside County; and Presiding Judge
the Long Beach conference.
McConnell
sel; Earl S. Bradley,
Kathleen E. O'Leary, Superior Court of
As the Court/Community
Deputy Court Admin-
Orange County.
Outreach Task Force completes
its work, it plans to present its
final report and proposed hand-
book, Dialogue: Courts Reaching
w
chips with Y2K problems in ele-
of the system, the court needs
Out to Their Communities--A
vators, in security systems, in
some $275,000 to replace the
Handbook for Creating and En-
Y2K
building systems."
outdated PCs and software.
hancing Court and Community
Continued from page 1
Or as AOC's Y2K project co-
Collaboration, to the Judicial
EL DORADO AILING
they were Y2K compliant or had
ordinator Bonnie Kong put it:
Council in January. General in-
Already the millennium bug has
sufficient funding to manage the
"There's a monster out there
formation about the California
infested the El Dorado courts.
transition, 22 court systems
and it's growing."
Court and Community Collabo-
"We've begun to keep manual
replied that they needed addi-
For the people responsible
ration project can be found on
records on probations and fine
tional funds to convert or re-
for the courts' information sys-
the California Courts Web site at
payments that extend to 2000,"
place existing noncompliant
tems, the problem is extraordi-
www.courtinfo.ca.gov/programs/
says Aikman. "Frankly, we're
hardware or software (see side-
narily complex, time-consuming,
community.
afraid to put them in [the sys-
bar, page 3). Two counties did
and expensive.
q Contact: Shelley M.
tem]. My biggest fear is that very
not respond to the survey.
"We were doing the strate-
Stump, Planning Coordinator,
gic plan in the summer of 1996,
soon we will lose even the lim-
Research and Planning, 415-
SURVEY RESULTS
and it was apparent at that time
ited capacity we have to keep
396-9310 (CALNET 8-531-
REVEALING
that we were going to have ma-
track of cases and defendants,
9310). s
Last September, the advisory
jor problems," recalls Alex Aik-
and that the productivity level
committee sent letters to court
man, court executive for the
we have now will deteriorate be-
administrators in the counties
Superior Court of El Dorado
cause we will have to do even
reporting Year 2000 compliance
County. "Everything we had was
more manually."
Chief Justice Honored
to confirm that these courts were
ancient--dinosaurs--and that was
For Aikman, Y2K is another
Y2K ready or had sufficient
in 1996."
example of the difficulties facing
funds to cover the conversion.
When the county conducted
smaller courts. "I've got unifica-
The committee, now in the
a Y2K survey, it found that a
tion. I've got court reporter po-
Chief Justice Ronald M. George received the Herbert
Harley Award from the American Judicature Society
(AJS) for positioning "the courts to meet the chal-
process of finalizing the assess-
number of departments were
sitions I need to fill. I've kept my
lenges of the new millennium, and as such, to adequately
ment, is uncovering some previ-
further ahead than the courts
part of the bargain," says Aik-
serve the needs of all California citizens in these changing
ously unanticipated needs.
because they had more funding
man. "Rural counties have a lot
"There is a truism that the more
times." The award, named for the AJS's founder, is given
to replace problem PCs and soft-
of catching up to do, and so far
people look at this, the more the
periodically to individuals for outstanding efforts and con-
ware. Aikman, who had only re-
the state has not provided the re-
problem grows," observes Row-
cently joined the El Dorado
sources to do it."
tributions that substantially improve the administration of
ley. "Our latest survey showed
courts, inherited a case manage-
The situation at another
justice in their states. The AJS is a national organization
that courts are still discovering
ment system developed in the
rural county court is brighter,
that promotes the effective administration of justice.
problems. They're looking more
1980s and purchased from an-
but only temporarily so.
The Chief Justice was honored for spearheading such
closely and finding embedded
other court. To avoid a collapse
"I'm pretty sure that we're
improvements as:
going to make the deadline in all
Ensuring the courts an adequate and uninterrupted
of our problem areas, but it's
source of income through the enactment of the Trial Court
costing us," says Debbie Brasher,
Manager of Court Technical Ser-
Funding Act;
vices, Superior Court of Stanis-
Maximizing the efficient and effective use of resources
laus County.
in each county through legislation and court rules requir-
Stanislaus has several non-
ing the coordination of administrative and judicial func-
Y2K-compliant systems that
tions and through a constitutional amendment enabling
need to be replaced or modified
the trial courts to fully consolidate; and
before April 1999 when Brasher
Promoting public understanding of the justice system,
estimates the system will become
particularly through creation of the Court/Community
inoperative due to the millen-
Outreach Task Force.
nium bug. The conversion in
During his State of the Judiciary Address, which he de-
Stanislaus is estimated to cost
$243,000.
livered to the State Bar on October 3, the Chief Justice de-
scribed the progress the courts have made following those
MORE AT STAKE
major changes. He concluded, "Every part of our judicial
Not surprisingly, larger courts
system is in flux. . . . The road ahead will have its share of
have larger problems. Los Angeles
pitfalls and disappointments, but I am confident that it
Municipal Court, for example,
will lead to great achievements, satisfaction, and service."
has three major Y2K problems:
q For the full text of the Chief Justice's State of the Ju-
an obsolete case-tracking system
whose vendor is no longer in
diciary Address (October 3, 1998), contact the Publications
Chief Justice Ronald M. George received the American Judicature
business, 393 noncompliant PCs,
Hotline, 415-904-5980 (CALNET 8-539-5980) or 800-900-
Society's premier award from Los Angeles Superior Court Judge Ju-
and two servers that run non-
5980 (in California), or download the speech from the Cali-
dith C. Chirlin, AJS chair, and Honolulu attorney Lawrence S. Oki-
compliant network programs.
fornia Courts Web site under Reference, Annual Reports,
naga, AJS president, in a ceremony at the annual dinner of the
The price tag for the fix is $1.5
State of the Judiciary Addresses at www.courtinfo.ca.gov/
California Women Lawyers on October 1 held in conjunction with
million.
reference/soj10398.htm.
the State Bar Annual Meeting in Monterey. Photo: James Carroll.
Continued on page 3

C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
3
w
Y2K
Pest Control
Continued from page 2
While uncertainty about the destruc-
$17.9 MILLION IN
courts continue to utilize.
tive potential of the millennium bug
UNMET NEEDS
Kong plans to complete
"To be sure, it's a very scary
abounds, no one debates its lamen-
Kong is now at work on
the AOC's assessment by the
set of circumstances, and I don't
table expense. One business and
the final stages of an
end of November, when she
think that anybody really knows
information consulting firm, the
assessment of the Y2K
will begin to prepare tentative allo-
what will happen," admits Art
Gartner Group, estimates the cost of
problem in the courts.
cations that assume the Judicial
Malinski, chief of the Informa-
fixing Y2K software problems alone
After numerous surveys of
Council will able to convince the Leg-
tion Systems Bureau for the L.A.
at $300 billion to $600 billion--
court executives on actual and
islature to reinstate its 1998­1999 Ju-
court, who calls Y2K compli-
enough to run the state's judicial
anticipated Y2K problems conducted
dicial Administration Efficiency and
ance his number one priority.
system for the next two or three
over the last six months, she's identi-
Modernization Fund.
"I'm hoping that at some point
centuries.
fied 32 counties with $17.9 million
As of November 1, 14 of the courts
the Legislature addresses this.
"On the one hand, we're encour-
worth of unmet needs.
have reconfirmed that they are able
The funds are desperately
aging courts to use their existing
"This amount," Kong emphasizes
to make the conversion with existing
needed."
resources to cover the costs of con-
"is the minimum. The courts that
resources. The 32 courts that identi-
In Sacramento, Michael
version, systems upgrades, and sys-
have responded that they are cov-
fied specific Y2K needs and esti-
Roddy, who also serves on the
tems replacements," says Bonnie
ered predicated that response on the
mated costs for their preferred
Court Technology Advisory
Kong, a senior business systems ana-
problems that they had identified at
solutions are listed below.
Committee, points to a number
lyst and the Y2K project coordinator
that time. What we're finding is that
q Contact: Bonnie Kong, Senior
of case-processing and adminis-
for the Administrative Office of the
many courts are turning up previously
Business Systems Analyst, Informa-
trative systems that will crash
Courts (AOC). "But given the nature
undetected problems," such as those
tion Services Bureau, 415-396-9292
between now and the first half of
of this problem, in many courts that
involving ancillary business systems
(CALNET 8-531-9292).
1999 if they are not converted or
is just not realistic."
or county-supported systems that the
replaced. He estimates the cost
at $3.9 million, the most expen-
Preferred
sive Y2K conversion reported in
Court
Solution
Description of Need
the Court Technology Advisory
Committee's survey. But without
Alameda
$ 246,700
Case Management System (CMS) for tracking cases on appeal and exhibits track-
it, Roddy says, Sacramento will
ing system, consultant services, hardware, and software.
not be able to calculate time
Butte
35,600
Replace switch, PCs, server, and O/S. Also require software for security system,
credits used in sentencing, issue
but cost not determined.
bench warrants on a timely ba-
Calaveras
22,361
Replace PCs, fax machines, answering machines, receipt printers, telephones, and
sis, schedule settlement confer-
software.
ences, or track traffic violation
payments.
Contra Costa
530,000
PCs and desktop applications.
"If left unresolved, there
Del Norte
129,250
Hardware upgrade.
would certainly be some very seri-
El Dorado
262,000
Start-up costs and lease costs for PCs for CMS.
ous consequences," warns Roddy.
Fresno
143,241
Costs for creating an interim Y2K solution for two CMSs.
QUICK FIXES
To avoid those consequences
Glenn
368,890
New CMS.
and the prospects of the state's
Humboldt
425,000
Criminal CMS.
courts in chaos, court adminis-
Kings
TBD*
TBD
trators are moving ahead with
conversion and replacement
Los Angeles
1,081,355
Replace 519 non-Y2K-compliant PCs and software.
plans. "People are being as cre-
(Superior)
ative as they can be," notes
Los Angeles
1,580,300
Help Desk tracking system, 393 PCs, Novell NetWare and GroupWare upgrade.
AOC's Rowley.
(Municipal)
In El Dorado County where,
according to Alex Aikman,
Los Angeles
225,000
Replacement of 50 PCs and desktop software for 500 PCs.
"nothing we have is Year 2000
(Outlying)
compatible," the courts are in-
Mendocino
TBD
TBD
stalling new modules. They plan
Mono
18,000
Jury management system.
to have the traffic system up-
graded by January 30, then up-
Napa
150,000
Upgrade CMS, convert data from DOS to Windows, and convert Mapper system.
grades in criminal, family, and
Nevada
TBD
TBD
civil stretched over the first six
months of 1999.
Orange
1,600,000
Criminal CMS.
"I'm in a Catch-22 situation,"
Placer
9,900
Upgrade bench tools and extraction software used with CMS.
says Aikman. "I'm choosing to
Sacramento
3,900,000
Criminal CMS, traffic, jury, financial, and HR systems, Also civil, probate, and
make commitments incremen-
family law systems.
tally in the hopes that the next
Governor and Legislature will
San Benito
7,500
Combine information from noncompliant system with Y2K-compliant system.
help us out. If we waited until we
San Bernardino
3,200,000
New CMS to replace two noncompliant systems.
knew about the Modernization
Fund, it would be too late."
San Diego
332,015
Develop Y2K-compliant WAN for court with connection to county network for
(North County)
applications provided by county.
In the meantime, he wor-
ries: "I need half of the $275,000
Santa Clara
42,500
Contract services to fix civil CMS, jury system, LAN/WAN hardware/software for
by the end of the year and a
intranet, legal research system, and county-written desktop applications.
guarantee of the rest before
San Francisco
758,000
CMS and traffic system.
then. Where am I going to get
the money to cover our deficit?"
San Mateo
1,000,000
Civil and juvenile systems; jury system.
In Stanislaus, Debbie Brasher
Solano
962,000
CMS.
reports, "The county has cov-
Sonoma
376,515
Minor offense and traffic systems, PC conversion and replacement, court's share
ered us for now, so that we can
of county applications, jury system upgrade.
make our deadlines, but that
money is going to have to be paid
Stanislaus
242,800
Branch court/remote-site hardware, traffic system, MIS services for testing,
back, and we're counting on the
software replacement, contract services for macros conversion.
modernization funds to do that."
Tulare
275,775
PC hardware and software replacement.
In Los Angeles Municipal
Court, the information systems
Tuolumne
TBD
CMS software.
department is doing the best it
Ventura
20,000
Test for embedded chips.
can with limited resources and
Yolo
40,000
Jury management system.
taking remedial steps, working
on the most critical system.
Yuba
12,691
Upgrade file server O/S, BIOS upgrades, and motherboard replacements.
"The worst case scenario,"
says Art Malinski, "is living with
Total
$ 17,997,393
*To be determined.
Continued on page 4


4
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
Four years ago when the Cen-
ter for Judicial Education
Drug Court Movement
and Research (CJER) held the
first statewide conferences on
drug courts in Oakland and
Los Angeles, there were a
Enters a New Era
handful of drug courts
operating in the state.
The mood at the
conference was
has been very effective politi-
PROOF OF SUCCESS
enthusiastic,
cally," observes Judge Patrick J.
Evidence of the extraordinary
4Criminal behavior is lower
after program participa-
bbut tentative.
Morris, Superior Court of San
success of this approach is abun-
tion, especially for graduates;
Drug courts were
Bernardino County and the new
dant and increasingly well doc-
showing remarkable
chairman of the National Associ-
umented. A 1997 survey by the
5Drug courts generate cost
gains against drug use
ation of Drug Court Professionals
U.S. Department of Justice
savings from reduced jail/
and recidivism, but could
(NADCP). "We have told people--
found sharp decreases in the re-
prison use, reduced criminality,
these models be repeated in
that is, our political leaders have
cidivism rates among drug court
and lower criminal justice system
other communities? Proponents
told people--that the way to
program participants, enthusias-
costs; and
promised that drug courts could
solve the crime problem is to put
tic support among prosecutors,
revolutionize the criminal jus-
people in jail. And they get re-
and drastically reduced costs for
6Drug courts have been
successful in bridging the
tice system, but how could con-
elected on that premise.
drug court participants com-
gap between the court and
ference attendees bring the
"But when you spend more
pared with criminal defendants.
treatment providers, as well as
revolution back home?
on prisons than on education,
More recently, a June 1998
between the criminal justice
In December, when CJER
people begin to wonder whether
benchmark report from the Na-
system and the community at
hosts its now annual drug court
we have our priorities reversed.
tional Center on Addiction and
large.
symposium in Sacramento, rep-
And when you consider that the
Substance Abuse at Columbia
Continued on page 5
resentatives from many of the
majority in those prisons are ad-
University concluded that:
state's 81 drug courts will be on
dicts and that they keep coming
hand to spread the word to some
back, you know there has got to
1Drug courts have been
successful in engaging and
230 judges, case managers, pros-
be a better way."
retaining repeat felony offenders;
ecutors, defense attorneys, law
Drug courts typically com-
California
enforcement personnel, and
bine judicial supervision, manda-
2Drug courts provide more Drug Court
treatment providers searching
tory drug testing, and treatment
comprehensive supervision
for a better way of dealing with
for addiction, as well as some
of offenders than other forms of
Symposium
nonviolent addicts.
restorative services such as job
community supervision;
training and housing referrals,
December
REVOLUTION SPREADING
as an alternative to the traditional
3Drug use and criminal behav-
Clearly, the revolution is spreading.
10­11
court process and incarceration.
ior are substantially reduced
"This country has been on a
while clients are participating in
kick for a long time, and the kick
drug court;
The 1998 California Drug
Court Symposium is sched-
uled for December 10 and
11 at the DoubleTree Hotel
w
"There will be hundreds and
had been available when we ex-
in Sacramento. This year's
thousands of these cases," pre-
pected it in September, we
Y2K
symposium is cosponsored
dicts Parker. "The scope is so
would have been late getting out
Continued from page 3
broad that it's going to be para-
of the gate. To wait until January
by the Center for Judicial
the resources we now have. I feel
lyzing."
is really pushing our luck."
Education and Research
like the Dutch boy with his fin-
Will the state's judicial sys-
Even those system experts
(CJER), the California State
ger in the dike."
tem be prepared for normal lev-
who are most confident that
els of operation, not to mention
they've got the millennium bug
Department of Alcohol and
Mike Roddy is confident that
Michael Roddy
they're on track in Sacramento
the anticipated increase with the
beat express some anxiety about
Drug Programs, and the
and will be able to resolve sys-
onslaught of Y2K litigation?
the coming year.
California Association of
tem problems before any major
"The courts have been
"There is always this fear in
mindful of this problem for the
the back of my mind that we
Drug Court Professionals
glitches. Still, he worries. "The
county realizes that the courts
last couple of years, and we've
haven't thought of everything,"
(CADCP). Judge Darrell W.
cannot be left behind, but their
taken steps to solve it," explains
admits Stanislaus's Brasher. "It's
Stevens, Superior Court of
position is that you have to go and
AOC's Rowley. "But so much at
amazing how dependent we've
Butte County, serves as
In a Court Technology Advisory Committee survey of court systems statewide, 34 replied
chair of this year's program
that they were Y2K compliant or had sufficient funding to manage the transition; 22
planning committee.
reported that they needed additional funds to convert or replace; and 2 did not respond.
The California Drug Court
Symposium provides an op-
get that money from the state.
this point depends on the re-
become on computer chips;
portunity for judges, case
They're expecting full payment."
sources available to fix the prob-
they're everywhere."
lems. If the Modernization Fund
Welcome to the Year 2000. s
managers, prosecutors, de-
THE BEST DEFENSE
fense attorneys, law en-
One irony for the courts is that
forcement personnel, and
as the judiciary grapples with the
challenges of Y2K, its workload
treatment providers to
will increase as a direct result of
come together in an inter-
the problem. At least 28 lawsuits
disciplinary forum to discuss
have already been filed related
to the millennium bug, and ex-
the challenges facing Cali-
perts predict that many more
fornia's drug courts. Partici-
will follow.
pants from around the state
"Lawyers, of course, are go-
ing to come out of this beauti-
have an opportunity to
fully," Brian Parker, a Michigan
share successes and to iden-
attorney who filed the first Y2K
tify new ways of serving
lawsuit in June 1997, recently
told the Los Angeles Times.
drug-involved offenders.
Parker's case involved a grocer
q Contact: Karen Moen,
whose cash registers crashed
Program Manager, CJER,
when fed credit cards with "00"
expiration dates. In September,
Project Director Bonnie Kong and Assistant Director Victor Rowley
415-356-6432 (CALNET 8-
the manufacturer of the cash
of the AOC's Information Services Bureau eye fast-approaching
Year 2000 with some trepidation.
531-6432).
registers settled for $250,000.

C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
5
proved the Drug Court Partner-
The bill will help fund the
politicians not only in the United
w
ship Act, a measure that provides
continuation of several drug
States, but also abroad. In the
Drug Court
$4 million in grants to be ad-
court programs like those recog-
last year, Judge Morris made
Continued from page 4
ministered by the state Depart-
nized by the National Association
presentations on the drug court
ment of Alcohol and Drug
of Drug Court Professionals as
model in Ireland and England,
POLITICAL GAINS
Programs with the concurrence
mentor drug courts. This net-
to the United Nations delegates
Despite these and other findings
of the Judicial Council. The bill
work of 17 courts nationwide, in-
in New York, and just recently to
in support of drug courts, alter-
marks the first time the state has
cluding six in California, serves
an international consortium of
natives to the maximum-penalty
allocated General Fund moneys
as a source of training and edu-
treatment providers gathered in
Judge Patrick J.
mentality have been approached
specifically for drug courts.
cational facilities to other juris-
Remini, Italy.
Morris
with care, explains Judge Mor-
For Judge Morris and other
dictions that are implementing
"They were stunned," says
ris, because they have not been
drug court advocates, the addi-
or improving drug courts in their
Morris of the reaction to his presen-
politically popular. But now
tional funds come none too soon.
own communities.
tation at the Remini conference.
that's changing.
"What we have here is an op-
Until just recently, drug
portunity to change the way we
Legislators last August approved the Drug
courts in California relied
do business. We have survived
largely on a combination of fed-
Court Partnership Act, the first time the
on federal grants, but those are
eral and local grants to fund
usually short-term. We have
state has allocated General Fund moneys
their programs. But the success
found a solution to a problem,
specifically for drug courts.
of the programs is now being
but we have funded that solution
embraced even in Sacramento.
with grants that are continually
"We graduate 70 percent of those
Last August, state legislators ap-
GREATER POTENTIAL
expiring."
we bring in. In Europe, providers
Judge Stephen A. Marcus of the
of quality residential programs
Los Angeles Municipal Drug
consider themselves lucky if they
Court, which was chosen as a
are able to graduate 30 to 40 per-
Judicial Council
NADCP mentor court last Au-
cent of their clients."
gust, stresses the new challenges
Awards 36 Mini-grants
Findings like these are im-
and increased potential of these
pressive, but fail to illuminate two
courts.
of the most promising aspects of
In October, the Judicial Council approved the final rec-
ommendations of the Oversight Committee for the Cal-
"We've become more selec-
the drug court movement: the
ifornia Drug Court Project and awarded 36 mini-grants
tive, and that is reflected in our
extraordinary difference the
to courts in 19 counties. The 36 drug courts receiving the
better rate of success," notes
programs make in the lives of
1998­1999 grants, which are for $30,000 unless other-
Judge Marcus. "We've devel-
participants and in perceptions
wise noted, are listed below. They are identified using
oped a certain sensibility about
of the criminal justice system.
the pre-unification titles on their applications.
who will do well in the program.
"When [offenders] first
We consider factors like motiva-
come to my court, I get a book-
Alameda
Superior (Adult)
tion, criminal history, prior life
ing photograph," relates Judge
Oakland Municipal
events that show some accom-
Stevens. "And when I look at
Hayward Municipal
plishment. Sometimes there is a
those who complete our pro-
difference in the drugs used.
Fresno
Superior (Adult)
These are things you learn from
Humboldt
Superior (Adult)
experience."
Judge Marcus would like to
Los Angeles
East L.A. Municipal
see programs extended beyond
Inglewood Municipal
the initial probationary period
L.A. Municipal
and assist graduates in finding
Pasadena Municipal
jobs and housing that remove
Rio Hondo Municipal
them from environments that
L.A. Municipal/San Fernando Valley
could lead to a relapse in drug
Southeast Municipal
abuse. So successful has the Los
West District/Santa Monica
Angeles program been in reha-
Mendocino
Superior (Juvenile)
bilitating addicts, notes Judge
Marcus, that "People have come
Napa Superior
(Adult)
up to me and said, `My child has
Nevada
Superior (Adult)
a drug problem. Put him in drug
court.' I tell them that the real-
Orange
Superior (Adult)
ity is that you have to be arrested
South Municipal
before you come into the program."
Placer
Auburn (Adult) ($20,000)
Another NADCP mentor
gram, I see entirely different peo-
Tahoe (Adult) ($20,000)
drug court judge, Judge Darrell
ple, positive people. They smile a
W. Stevens of the Superior Court
Riverside
Superior (Juvenile)
lot." He continues: "I see drug
of Butte County, notes that state
Western (Adult) ($23,175)
courts as one of the most positive
funding is essential if drug courts
ways to do community outreach.
San Bernardino
Central Drug Court
are to move from novel ap-
It's a way to get respect for the
proach to standard practice. "If
San Diego
El Cajon Municipal
courts and for the system."
North County Municipal
drug court programs are going to
Judge Morris agrees that the
San Diego Municipal
become institutionalized, then
drug courts offer the judiciary a
South Bay Municipal
we're going to have to have stable
unique chance to reach out to
funding--trial court funding,"
their communities. "In many in-
San Francisco
Adult
says Judge Stevens, who serves
stances, for the first time we are
San Joaquin
Juvenile
as chair of the program planning
offering assistance, rather than
committee for next month's con-
Santa Barbara
Santa Barbara (Adult)
punishment. Our hand is ex-
ference in Sacramento.
Santa Maria (Adult)
tended. Suddenly, they see us
"Drug courts are certainly a
not as the enemy, but as an ally."
Shasta
Superior (Adult)
far better way of dealing with the
The eventual goal, says
drug problem in our country
Solano
Fairfield (Adult) ($20,000)
Judge Morris, is to have a drug
than the straight penal system.
Vallejo (Adult) ($20,000)
court calendar in every court in
To put people in treatment just
the state.
Stanislaus
Municipal (Adult) ($7,500)
makes sense." Judge Stevens
"We can change the culture
notes that in the three years
Tulare
Juvenile Drug Court ($15,000)
and help these wounded people
Butte's program has been in op-
back to a responsible lifestyle," he
Acceptable uses for funding are drug court coordina-
eration, the recidivism rate
says. "They are not bad people,
tor position; treatment services (including residential
among its 150 graduates is less
they have bad habits, and they
services); drug testing; rehabilitation, vocational, job
than 10 percent.
are not beyond redemption."
placement, housing, and health services; and client ser-
INTERNATIONAL INTEREST
q For more information,
vices (including child care and transportation).
The success of drug courts has
visit the Drug Court Program
q Contact: Fran Jurcso, Trial Court Services, 415-396-
caught the attention of the judi-
Web site at www.courtinfo.ca.
9151 (CALNET 8-531-9151).
ciary, treatment providers, and
gov/programs/drugcourts/. s





6
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
Judge Dallas Holmes of the
Superior Court of Riverside
New Task Force Named on
County is chair of the new
statewide Judicial Council Task
Force on Jury System Improve-
ments. Chief Justice Ronald M.
Jury System Improvements
George appointed the task force,
which is charged with encourag-
Judge Dallas
dedicated to implementing mean-
line A. Connor, Los Angeles Su-
of Sacramento County; attorney
ing excellence in the California
Holmes
ingful changes.
perior Court; Justice James J.
Jennifer L. Keller, Irvine; Gen-
jury system.
"Jurors are the heart of our
Marchiano, Court of Appeal, First
eral Counsel John F. Stovall,
The 15-member task force
justice system. Yet, from run-
Appellate District, Division One
Kern County Water Agency;
is composed of judges, lawyers,
down jury facilities to an inade-
(San Francisco); Judge Judith
Consultant Carole Wagner Val-
court administrators, and
quate compensation rate of only
McConnell, Superior Court of
lianos, Investment Development
representatives of com-
$5 a day, the message received
San Diego County; Judge Glenn
Services, Manhattan Beach; and
munity groups who will
by jurors is that our system nei-
A. Ritchey, Jr., Superior Court of
Joyce G. Cook, Directing Attorney,
provide guidance
ther respects their civic contri-
Stanislaus County; Assistant
Planning and Research Unit, Los
to the Judicial
bution nor values their precious
Court Executive Officer Michael
Angeles Municipal Court.
Council on a
time. I believe the task force we
Bayne, Superior Court of River-
wide range of
PLANNED ACTIVITIES
are creating today will go a long
side County; Juror Services Di-
jury reforms. "The
way toward addressing these im-
vision Manager Gloria Gomez,
The task force will carry out its
jury system is the
portant concerns."
Los Angeles Superior Court;
responsibilities over the course
bedrock of our democ-
Deputy Jury Commissioner An-
of three years. Among other
racy," said Chief Justice
MEMBERS
nette Kirby, Superior Court of
things, the panel will conduct a
George in appointing the com-
Joining Judge Holmes on the
San Joaquin County; Assistant
pilot project to improve utiliza-
mittee. "As such, the Judicial
task force are Justice Herbert W.
Court Executive Officer Karen
tion and management of jurors'
Council has identified jury
Walker, Court of Appeal, First
Richardson, Superior Court of
time by screening jurors before
reform as one of the highest-
Appellate District, Division Three
Marin County; Executive Officer
their arrival at the courthouse
priority program areas and is
(San Francisco); Judge Jacque-
Michael Roddy, Superior Court
for oral voir dire. In addition, the
task force may study other ways
to improve statewide jury oper-
ations, including the one-step
summons process, a statewide jury
Chief Justice Names Six to list, and a jury orientation video.
The task force was formed
in response to a recommendation
by the Blue Ribbon Commission
Council, Reappoints Two
on Jury System Improvement in
its final report to the Judicial
Council on May 17, 1996.
Chief Justice Ronald M.
George has appointed six
Among the commission's
new members and reappointed
recommendations that have al-
two others to the Judicial Council.
ready been implemented are
The new members are:
legislation that directs trial
3 Justice Richard D. Aldrich
courts to establish a one-day,
of the Court of Appeal, Second
one-trial jury system in each
Appellate District, Division
county. The Judicial Council has
Three (Los Angeles);
Judge Albert
Judge Brenda
Senator Adam B.
also adopted new standards of
3 Los Angeles Superior
Dover
Harbin-Forte
Schiff
judicial administration that rec-
Court Judge James Allen Bascue;
ommend guidelines for receiv-
3 Superior Court of Shasta
3 Superior Court of River-
Schiff, who fills the slot set aside
ing and responding to juror
County Judge Steven E. Jahr;
side County Presiding Judge
for a representative selected by
complaints, updating juror lists,
Ronald L. Taylor;*
the Senate Rules Committee,
and reducing burdens on jurors
3 Superior Court of Solano
joined the council in July. Case,
during lengthy trials. A Task
County Commissioner David L.
a partner in the Ventura firm of
Force on Jury Instructions, cre-
Haet (advisory member); and
Ferguson, Case, Orr, Paterson &
ated by the Chief Justice, is
3 Los Angeles Municipal
Cunningham, was selected to
charged with drafting civil and
Court Administrator Frederick
serve on the council by the State
criminal jury instructions that
K. Ohlrich (advisory member).
Bar Board of Governors. They
accurately state the law and are
The reappointees are Supe-
join Justice William M. Wunder-
understandable to jurors.
rior Court of Nevada County
lich of the Court of Appeal, Sixth
q Contact: Linda Theuriet,
Judge Albert Dover* and Supe-
Appellate District (San Jose), who
Supervisor, Trial Court Services,
rior Court of Alameda County
serves as an advisory member to
415-396-9149 (CALNET 8-
Judge Brenda Harbin-Forte.*
the council as a result of his re-
531-9149).
s
The 21 members of the Ju-
cent election as president of the
dicial Council include the Chief
California Judges Association.
Justice, 14 judges appointed by
CONTINUING MEMBERS
the Chief Justice (one associate
Continuing council members
justice of the Supreme Court,
are Supreme Court Justice Mar-
three justices of the Court of Ap-
perior Court of Ventura County
vin R. Baxter; Justice Carol A.
peal, and ten trial court judges);
Judge Melinda A. Johnson;
Corrigan of the Court of Appeal,
four attorney members ap-
Southeast Municipal Court (Los
First Appellate District, Division
pointed by the State Bar Board
Angeles) Judge Ana Maria Luna;
Three (San Francisco); Justice
of Governors; and one member
San Diego Municipal Court
Richard D. Huffman of the
from each house of the Legisla-
Judge Michael B. Orfield; As-
Court of Appeal, Fourth Appel-
ture. The council also has six ad-
sembly Member Martha M. Es-
late District, Division One (San
visory members.
cutia; attorney Maurice Evans,
Among the newest members of the Judicial Council are, left to
Diego); Los Angeles Superior
Also recently named to the
Santa Ana; attorney Sheldon H.
right, front, Judge Steven E. Jahr, Superior Court of Shasta County;
Court Judge Paul Boland; Supe-
council as voting members were
Sloan, Los Angeles; and attorney
Justice Richard D. Aldrich, Court of Appeal, Second Appellate Dis-
rior Court of Placer County
state Senator Adam Schiff and
Glenda Veasey, Los Angeles.
trict, Division Three (Los Angeles); Judge Ana Maria Luna, South-
Judge J. Richard Couzens; Su-
attorney Michael Case. Senator
Continuing advisory members
east Municipal Court (Los Angeles), appointed in April 1997 to fill
are Executive Officer Sheila
the vacancy created by the death of Judge Benjamin J. Aranda III;
* Proposition 220 provides that "vacancies in the memberships on the
Gonzalez of the Superior Court
back, Court Administrator Frederick K. Ohlrich, Los Angeles Mu-
Judicial Council otherwise designated by municipal court judges shall
of Ventura County; Clerk of the
nicipal Court; Justice William M. Wunderlich, Court of Appeal, Sixth
be filled by judges of the superior court in the case of appointments
Court Joseph A. Lane of the
Appellate District (San Jose); Commissioner David L. Haet, Superior
made when fewer than 10 counties have municipal courts." Forty-nine
Court of Appeal, Second Appel-
Court of Solano County; Presiding Judge Ronald L. Taylor, Superior
of California's 58 counties have already decided to unify. The com-
late District (Los Angeles); and
Court of Riverside County; Judge James Allen Bascue, Los Angeles
pletion of these unification decisions will occur no later than Decem-
Executive Officer Stephen V.
Superior Court; and attorney Michael Case, Ventura. Photo: Nelson
ber 31, 1998. As such, these Judicial Council members will begin their
Love of the Superior Court of
B. Wong.
voting terms no later than December 31, 1998.
Santa Clara County. s
C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
7
workers; courts use discretion in
ordering additional reports to be
Pilot Studies Suggest
completed by social workers.
PERMANENCY
Caseworkers gave these reasons
for delays in finalizing adoptions
Juvenile Court Reform in Sonoma, San Mateo, and
Solano Counties:
u High caseloads;
u Inadequate staffing;
u
"Conduct a comprehensive program at all court levels to
Difficulties in completing
home studies;
improve proceedings affecting families."
u Paperwork volume;
u Financial disincentives;
u Difficulty in finding
--Goal I, Access, Fairness, and Diversity, Policy Directive No. 2,
prospective parents who meet
Leading Justice Into the Future, Judicial Council of California
adoption workers' criteria;
u Lack of recruitment of
Long-Range Strategic Plan, adopted May 16, 1997
prospective parents;
u Difficulty in working with
Recently published results of county's dependency court, to ease the continuance problem. relatives as prospective parents;
four pilot studies of Califor-
determine whether judicial find-
2. Attorneys are often not
and
u
nia's Judicial Review and Tech-
ings of good cause are being
prepared to proceed at a sched-
Lack of communication
nical Assistance Project (JRTA)
made when a continuance is
uled hearing because they have
among all juvenile court system
contain recommendations for
granted, and to provide insight
not interviewed their clients.
participants.
reforms in the county court sys-
into unnecessary delays.
3. Heavy caseloads hamper
The researchers also studied
tems statewide, including ways
2. Permanency: Factors
the ability of social workers to pre-
case files to identify problems in
to improve compliance with Ti-
that aid in expediting the final-
pare accurate and complete re-
completing home studies and
tle IV-E, Aid to Families with De-
ization of adoption and those
ports in advance of court hearings.
evaluate the volume of required
pendent Children--Foster Care.
that hinder the process.
Among its recommenda-
paperwork. Among statewide
The studies were conducted
3. Reasonable efforts/
tions, the report suggests that:
recommendations to deal with
by juvenile court consultants
petition: The range of preplace-
1. Courts enforce a policy
obstacles to finalizing adoption:
from the Administrative Office of
ment preventative services--that
whereby continuances are granted
1. All juvenile court system
the Courts with the voluntary
is, the services that are offered to
only upon a showing of good
participants should be held ac-
participation of courts in 11 Cal-
enable children to stay safely at
cause (stipulation by parties and
countable for adherence to
ifornia counties. The JRTA pro-
home before they are placed in
a pending criminal or family law
statutory timelines to prevent
ject is one of several launched by
foster care--and the protocols
matter are not good causes).
children from languishing in fos-
the Judicial Council's Family
used to reduce the risk of harm
2. Improved calendar man-
ter care limbo.
and Juvenile Law Advisory Com-
to children.
agement techniques be made
2. Juvenile courts need to
mittee to focus on the growing
4. Reasonable services:
available to juvenile court sys-
establish or continue intera-
number of proceedings involv-
The time between assessment and
tem participants. In addition,
Continued on page 8
ing child abuse and neglect.
treatment for families with sub-
presiding juvenile court judges
In some cases the findings
stance abuse problems and the
receive technical assistance,
were county-specific; however,
availability of treatment services.
with input from juvenile court
the recommendations are in-
system participants, in order to
CONTINUANCES
tended for application statewide.
adopt techniques that work to
Three recurring themes were ev-
The study examined four
reduce unnecessary continu-
ident in the counties studied,
main issues, each in a different
ances and delays.
Contra Costa, Los Angeles, and
group of courts:
3. Agencies make a commit-
Santa Clara:
1. Continuances: Primary
ment to reduce social worker
1. More efficient calendar
reasons for continuances in each
caseloads and hire more social
management techniques would
Videos, Brochures Seek to Aid Family Law Pro Pers
The Statewide Office of Family Court Ser- The materials will further the Judicial
vices (FCS) is developing three different
Council's goal of increasing access to justice
information packages to help unrepre-
statewide by broadening access to the courts,
sented (pro per) family law litigants navigate
especially for unrepresented and low- or
the court system in three key areas. Each in-
middle-income persons.
formation package is composed of a video-
The videos, brochures, and training manu-
tape to be shown at the court, a take-home
als are designed to work together to assist pro
brochure for litigants, and a training manual
pers in handling their family law or domestic
brochures, which are written at the 9th-grade
for court staff. The packages are expected to
violence cases. First, the videos will provide
level and in plain English, will be available on
be released in December 1998.
viewers with a high-level overview of the sub-
the Family Court Services site on the California
The first videotape and brochure package is
ject matter and the forms they will encounter.
Courts Web site by the end of February 1999
designed to help those filing for dissolution,
Second, the brochures will provide a detailed
at www.courtinfo.ca.gov/aoc/familycourt
legal separation, or annulment. A second in-
explanation of the relevant legal forms and
services/index.htm. Once posted to the Web
formation package will inform victims about
court processes. Finally, the training manuals
site, the brochures will contain links to all the
how to file for a restraining order under the
will help instructors design and deliver gener-
Judicial Council forms mentioned in them,
Domestic Violence Protection Act. The third
alized training classes to help court staff bet-
thereby allowing the Web site to serve as a
informational package helps restraining order
ter understand these complex subjects.
desktop pro per information kiosk. Updated
respondents understand their rights and re-
Available in English and Spanish, the videos
information will be mailed to recipients of the
sponsibilities--the first statewide resource of
(developed by Scott Gibbs of Quadrant Pro-
materials and posted on the Web site. Eventu-
its kind. Together, these informational materi-
ductions and Laura Russo of Laura Russo In-
ally digitalized clips from the videos will be
als will assist pro pers in managing their own
structional Design) profile the professionals
added to enhance the descriptions of them on
cases expeditiously while protecting their best
whom litigants are likely to encounter, such as
the Web site.
interests and will complement the Title IV-D
judges, court clerks, domestic violence coun-
This ambitious project, which has been in
child support information and forms prepara-
selors, and family law facilitators, and explain
development for three years, was originally
tion services provided by family law facilitators.
courtroom procedures.
designed by Isolina Ricci, Manager, Statewide
These resources will be especially useful in
The manuals, videos, and brochures are be-
Office of Family Court Services.
California where, according to FCS estimates,
ing distributed to 400 sites statewide, includ-
q Contact: Mimi Lyster, 415-396-9157 (CAL-
60 to 80 percent of family law litigants are pro
ing local family court services, family law
NET 8-531-9157), and Susan Hanks, 415-356-
pers, and 62 percent of family court filings in-
facilitators, and community- and court-based
6683 (CALNET 8-531-6683), both with the
clude allegations of domestic violence.
domestic violence programs. In addition, the
Statewide Office of Family Court Services.

8
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
If a defendant is sentenced
as in traditional multiple-count
on multiple counts, any count-
nonstrike cases. (See People v.
Uses of Enhancements specific enhancements, such as Tassell (1984) 36 Cal.3d 77,
for weapons use and infliction of
overruled on other grounds in
great bodily injury, are to be im-
People v. Ewoldt (1994) 7
In Third-Strike Cases
posed full term as to each count.
Cal.4th 380, 401.) To use status
BY JUDGE J. RICHARD COUZENS
hancements under section 667(a)
Enhancements on terms sen-
enhancements as an enhance-
SUPERIOR COURT
for prior serious felonies and sec-
tenced as a third-strike offense
ment more than once would vio-
Judge J. Richard
OF PLACER COUNTY
tion 667.5(b) for prior prison
are imposed without any of the
late the prohibition against
Couzens
Judge Couzens is a member of
E
limitations of section 1170.1(a),
multiple punishment under sec-
nhancements are used in
terms, are included. (People v.
including situations where
tion 654. (See People v. Dotson,
"third-strike" sentencing
Dotson (1997) 16 Cal.4th 547.)
there are consecutive indeter-
supra, 16 Cal.4th at p. 547.)
cases in two distinct ways: first,
the Judicial Council and past
DUAL USE NOT
minate terms. The "one-third"
Technically, the sentence for
as they affect the calculation of
PRECLUDED
chair of its Criminal Law Advi-
formula of section 1170.1(a)
the enhancements is not "added"
"the greatest minimum term"
sory Committee.
After the selection of "the great-
does not apply to sentences im-
to the minimum term of the
and, second, as they are used in
est minimum term," regardless
posed under the Indeterminate
third-strike offense. Enhance-
their statutory role to increase
of which option is selected, the
Sentencing Law. (Pen. Code, §
ments under the Determinate
the sentence otherwise imposed.
court must calculate the final
669; People v. Nguyen (1998)
Sentencing Law are a separate
The dual role of enhancements
component of the total sentence,
should not be confused with the
a component that must be fully
prohibition against the "dual
T H R E E ST R I K E S N E T W O R K
served before the indeterminate
use" of sentencing factors. The
life sentence begins. Enhance-
distinct function of enhance-
ments do not "merge" with the
ments is found in the two re-
minimum term but are sepa-
quired steps in the calculation of
rately punished. (People v. Dot-
a "third-strike" sentence. The
son, supra, 16 Cal.4th at p. 547;
first step is the determination of
People v. Thomas (1997) 56
the "greatest minimum term"; the
sentence, which would include
65 Cal.App.4th 222, 237­238;
Cal.App.4th 396.) s
second step is the final sentence
the imposition of consecutive
People v. Miles (1996) 43 Cal.
calculation, which is to include
terms of imprisonment for any
App.4th 364, 370, fn. 6.)
all applicable enhancements.
applicable enhancements. The
The use of enhancements to
enhancements are to be imposed
STATUS ENHANCEMENTS
determine which sentencing
even if they were used in the
USE LIMITED
scheme produces "the greatest
initial calculation of "the greatest
In third-strike cases involving
minimum term" differs among
minimum term" under Option
multiple counts, status enhance-
the three options specified for
(iii). Section 654 does not preclude
ments, such as section 667(a) for
third-strike cases. In the initial
the dual use of enhancements
prior serious felonies and section
calculation under Option (i)
under these circumstances be-
667.5(b) for prior prison terms, if
("three times the term otherwise
cause, in the initial calculations,
applicable, should be applied to
provided") and Option (ii) ("25-
they are used in the determina-
each count in the calculation of
year minimum term") enhance-
tion of the minimum term under
"the greatest minimum term"
ments are not included. In the
Option (iii) and, in the final cal-
under Option (iii). However, the
initial calculation under Option
culations, as an enhancement
court should impose any addi-
(iii) (the "traditional" sentencing
under section 1170. (People v.
tional term for status enhance-
scheme) all applicable enhance-
Dotson, supra, 16 Cal.4th at pp.
ments, as an enhancement, only
ments, including "status" en-
547, 560.)
once at the end of the sentence,
w
Services and the court about the
efforts provided to families prior
Beyond the Bench X: December 9­11
Juvenile
to the child's removal from the
Continued from page 7
home; and
`Partnering to Achieve
gency meetings on improving
3. Ongoing evaluations of
Permanence for Children'
the adoption process.
the programs that are aimed at
3. Swifter criminal back-
alleviating the risks facing chil-
"Partnering to Achieve Permanence for
ground checks by the Depart-
dren and families.
Children" is the theme of Beyond the
ment of Justice (DOJ) could be
REASONABLE SERVICES
Bench X, the annual conference that fo-
obtained through "live-scan"
The recommendations based on
cuses on enhancing the delivery of ser-
fingerprint devices that instanta-
the study of Humboldt, Placer,
vices to children and families. The
neously transmit fingerprints to
and Riverside Counties are as
statewide conference will be held De-
the DOJ and return clearances
follows:
cember 9 through 11 at the Omni Hotel
to the adoption worker.
1. Funding should be ex-
in Los Angeles.
4. The home study should
tended to in-home services to
Keynote speakers will be State Super-
not to be delayed by pending pa-
provide long-term savings;
intendent of Public Instruction Delaine
perwork; the process should be
2. To address the substance
Eastin and Naomi Haines Griffith, a na-
the same for foster and adoptive
abuse problems of families,
tional consultant on child welfare and ju-
parents.
courts need to offer longer treat-
venile court issues. Attendees arriving on
5. Courts should require the
ment programs and expand pro-
December 8 will be treated to a VIP tour
county adoption worker to pre-
grams to accommodate more
of the Children's Court in Monterey Park,
pare a checklist of steps needed
patients, especially inpatient
a state-of-the-art courthouse exclusively
groups of five to six representatives from
to finalize the adoption and the
clients; and provide more drug-
devoted to dependency cases that fea-
various areas of the juvenile dependency
individuals responsible for com-
testing facilities, more treatment
tures facilities for children in shelter care
system and led by juvenile court judges--
pleting the steps.
programs throughout the
and more than 20 courtrooms.
developed action plans based on infor-
REASONABLE
county, and better transporta-
The conference will also feature the
mation obtained from the statewide
EFFORTS/PETITION
tion services to enable parents to
premiere of a video presentation from the
assessment phase of the California Court
Dave Thomas Foundation for Adoption
Improvement Project.
Based on the experience of the
access treatment and testing pro-
and more than 30 workshops and plenary
The conference is sponsored by the
two counties studied--Orange
grams.
sessions with legal, social work, and re-
Judicial Council and the California De-
and Stanislaus--the study iden-
q Contact: Presiding juve-
lated experts from California and around
partment of Social Services with funding
tified these needs:
nile court judges who would like
the country. In addition, time will be allot-
support from the U.S. Department of
1. More emergency re-
their courts to participate in any
ted for local teams to renew and update
Health and Human Services.
sponse social workers, more
of the four JRTA Program pilot
their planning, particularly around the is-
q Contact: Center for Children and
community-based services aimed
studies should contact Jennifer
sue of expediting permanency for depen-
the Courts, 415-904-5278 (CALNET 8-
at alleviating risk factors in the
Walter, Center for Children and
dent children. At last year's conference,
539-5278), or e-mail Christopher Wu
child's environment;
the Courts, 415-904-5517
for the first time countywide teams--
at christopher_wu@jud.ca.gov.
2. More communication be-
(CALNET 8-539-5517). s
tween the Department of Social



C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
9
At its most recent meeting in
Board of Corrections describe
Sacramento in October, the task
standards for county jails and
force visited the Carol Miller
their enforcement.
Justice Center and the Court of
In Sacramento, the four
Appeal for the Third Appellate
subcommittees of the task force
District. Presiding Justice Kre-
also held their first meetings.
mer gave a presentation about
The subcommittees refined their
the Courts of Appeal.
individual responsibilities and
At the Sacramento meeting,
established procedures to best
Visit court
District (San Diego), task force
a representative of the Colorado
address their most pressing is-
chair. "By traveling to this re-
employees site
Judicial Department described a
sues, avoid duplication, and en-
gion, we were able to introduce
decentralized system of imple-
sure broad participation in
for latest
task force members in a short,
menting court facility standards.
recommendations on key issues.
cost-effective trip to many of the
information
Although courts are required to
The four subcommittees are Fa-
problems they will have to ad-
comply with the standards, there
cilities Standards/Facility Evalu-
For the most up-to-date news of
dress in California facilities and
is no strong means of enforce-
ation, Future Needs/Projections,
the work of the Task Force on
innovative and successful archi-
ment. There was also a presen-
Financing/Implementation, and
Trial Court Employees, check
tectural solutions. The trip had
tation on Massachusetts's strong
the Executive Committee.
the task force's Web site at www2.
the added benefit of exposing
central management of court fa-
q Contact: Robert D. Lloyd,
court info.ca.gov/tcemployees.
the members to different opera-
cilities and standards. In addi-
Business Services, 415-396-9197
You'll find information
tional approaches that may
tion, the task force heard a
(CALNET 8-531-9197), or e-mail:
about upcoming public meet-
have application to our own
representative of the California
bob_lloyd@jud.ca.gov. s
ings, summaries
court facilities."
of actions taken
at the meetings,
and answers to
f r e q u e n t l y
asked questions.
Thumbs Up for Trial Courts Employee Training
Established
by the Lockyer-
Isenberg Trial Court Funding
Act of 1997, the panel is charged
Jack Jackson, Secretary at the Su-
perior Court of Yolo County,
with developing and recom-
called it an "an extremely good"
mending a statewide personnel
experience. Although she was not
structure for trial court employees
the intended audience, Melissa
(see Court News, March­April
Fowler-Bradley, Assistant Court Ex-
1998, "Justice Ardaiz Chairs
ecutive Officer of the Superior
Employees Task Force"). Admin-
Court of Shasta County, thought it
istrative Presiding Justice James
was "wonderful" and added, "I
Anne Colt
Brenda Lussier
Inga McElyea
Michele Peters
A. Ardaiz of the Court of Appeal
would encourage my staff to go."
for the Fifth Appellate District
Inga McElyea, Assistant Executive
fundamental and advanced skills for
people uncomfortable," she never-
(Fresno) chairs the 18-member
Officer of the Superior Court of
court staff, such as effective com-
theless found hers to be "an enthu-
panel.
Riverside County, who took vacation
munication skills and ways to
siastic class that was friendly and
Upcoming meetings are De-
time to serve on the faculty for this
defuse emotional situations. The
open."
cember 7, 8, and 9 in San Diego
training, called it the "best vacation
fairness program was an interactive
and January 26, 27, and 28 in San
I've had."
ENTHUSIASTIC PARTICIPANTS
session giving participants a chance
Francisco. Details about meeting
What is causing the buzz among
Jackson, who works in court admin-
to examine stereotypes and discuss
agendas and facilities are posted
court managers and employees
istration in Woodland, found the
how fairness creates a more produc-
to the Web site as soon as they
alike is the Trial Courts Employee
customer service course "extremely
tive environment. In the ethics por-
become available.
Training, offered as a pilot program
worthwhile." Retired from the Air
tion, participants learned how and
Visitors to the site are welcome
on September 15 in Redding and
Force, where he did public relations,
why the Code of Ethics for Court
to submit comments via e-mail to
September 17 in Yuba City. The
Jackson says, "You run across all
Employees was developed and ana-
tcemployees@courtinfo.ca.gov.
workshops, which used trainers re-
types, and it's good to see examples
lyzed ethical dilemmas faced by em-
cruited from the trial courts them-
from others." Of course, he adds,
ployees along with possible
"Techniques are good in theory, but
Facilities task
selves, was sponsored by the Center
solutions.
for Judicial Education and Research
they may not always work in reality;
force broadening
(CJER) and the Judicial Administra-
TRAINERS FROM COURTS
sometimes you can't satisfy people,
Trainers were McElyea from River-
no matter what you do."
its knowledge of
tion Institute of California (JAIC).
JAIC, a principal advisory committee
side, who conducted the ethics
Fowler-Bradley of Shasta County
court facilities
to the CJER Governing Committee,
workshops; Anne Colt, Staff Devel-
attended the training "to see what
opment Specialist from the San
was being presented and how it
The statewide Task Force on Court
was developed to integrate and ex-
Diego Municipal Court, who con-
was received." She thought it "of-
Facilities continues to expand its
pand educational opportunities for
ducted the customer service ses-
fered information that was perti-
knowledge about facilities through
judicial branch personnel.
sions; and Brenda Lussier, Staff
nent to all of us."
tours of courthouses in Califor-
FILLING THE NEED
Development Specialist from the El
She adds, "Particularly in our re-
nia and elsewhere. In October,
"What is exciting about the training
Cajon Municipal Court (San Diego),
gion, where we are a little off the
11 of the 18 members of the task
for trial court employees is that it
and Michele Peters, Staff Develop-
beaten path, it's useful for employ-
force visited seven courthouses--
will fill a need that has been ex-
ment Specialist from the South Bay
ees to have an entire day away
most of them award winners
pressed by a lot of courts through-
Municipal Court (San Diego), who
from work for some good training.
honored by the American Insti-
out the state," says Los Angeles
conducted the fairness workshops.
It helps morale a bit. They were
tute of Architects--in four days.
Municipal Court Judge Jon M.
"It was exciting for me to see in-
grateful."
The courts, in Maryland, Virginia,
Mayeda, JAIC vice-chair. "We're
dividuals from many different
Fowler-Bradley suggests that a
Pennsylvania, and New Jersey,
hopeful that we can fill that need
courts who are truly committed to
third track be added about issues
range from large urban court-
and that it will be well received. It's
the profession and to see their en-
that have impact statewide, such as
houses to small rural ones, some
generated a lot of excitement."
thusiasm for the administration of
an update on trial court funding.
old and still functioning and
That may be an understatement.
justice," says McElyea. McElyea,
Staff often "get bits and pieces of
other older ones under renovation.
The Redding session attracted 55 at-
who is responsible for training
information," she observes. Getting
The courts were chosen be-
tendees from Butte, Colusa, Hum-
about 650 employees in Riverside,
complete information helps them
cause they exemplify different
boldt, Lassen, Mendocino, Modoc,
says she had never worked with
"to feel included." More exposure
approaches to solving problems
Shasta, Siskiyou, and Trinity Coun-
"strangers" before but found the
to the Administrative Office of the
that also face courts in Califor-
ties. The Yuba City program at-
experience exhilarating. "I learned
Courts would also be useful, she
nia. "The Mid-Atlantic tour was
tracted 80, from Amador, Butte,
as much as they did; I felt like
adds. "A lot of people don't really
designed to take advantage of
Colusa, Glen, Mendocino, Nevada,
thanking them."
understand the AOC; it's helpful to
the short distances between
Sacramento, Solano, Sutter, Yolo,
The opportunity to train employ-
find out what they do."
states and the wealth of award-
and Yuba Counties.
ees in the northern counties in-
Another Trial Courts Employee
winning architecture in a geo-
The program offered two tracks,
trigued Lussier, who was impressed
Training program is scheduled for
graphically compact area," said
one in Customer Service and the
with "how much they do with so lit-
March 25­26, 1999, this time in the
Administrative Presiding Justice
other in Fairness in the Courts and
tle." Although "fairness is a hard
Central Valley. Details will be an-
Daniel J. Kremer of the Court of
Ethics. The service track covered
class to train because it makes many
nounced as they become available.
Appeal for the Fourth Appellate



1 0
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
Looking Good!
New Rules
The California Courts Web site (www.
Courts reports and publications in five
courtinfo.ca.gov) has a new look. The
categories: Annual Reports; Courts: Ac-
aim of the redesign and reorganization
cess, Outreach; Courts: Administration;
The Judicial Council has adopted new and amended California Rules
of some information is to make the site
Courts: How to Use; and Courts: Judges.
of Court and Standards of Judicial Administration, effective January
more user-friendly and accessible to the
q "Court Admin" (Administration)
1, 1999, except as noted at rule 1257.1 and section 26. The text of
general public.
(www.courtinfo.ca.gov/courtadmin/)
these rules and standards can be found on the California Courts Web
Since its debut in 1996 and the launch
provides information about the Judicial
site at www.courtinfo.ca.gov/rules/ and in the California Official Re-
of its new look at the beginning of this
Council, such as its membership, history,
ports advance sheets, pamphlet no. 31 (November 21, 1998). In ad-
October, the site has attracted an in-
and role, and about the Administrative
dition, the text of the rules is sent to all presiding judges and court
creasing number of users--from an aver-
Office of the Courts, the council's staff
administrators.
age of 25,000 per month in its first few
agency.
NEW RULES
months of operation to 256,000 per
q "Courts" (www.courtinfo.ca.gov/
month currently. The site also has re-
courts/) provides descriptions of the trial
Rule 6.1.
Authority, duties, and goals of the Judicial Council
ceived national recognition. Earlier this
and appellate courts as well as calendars
Rule 6.2.
Judicial Council membership and terms
year it was ranked among the top 5 per-
and minutes of the Supreme Court of
Rule 6.3.
Nonvoting members
cent of all state and local government
California. Calendars and minutes are
Rule 6.4.
Nominations and appointments to the Judicial
Web sites in the United States by Lycos,
also available for the Court of Appeal in
Council
the nation's oldest and most prestigious
San Diego and are being added for
Rule 6.5.
Notice and agenda of council meetings
Web site directory, which called it "a
other appellate courts. Trial courts that
Rule 6.6.
Judicial Council meetings
strong, deep site."
have Web pages can be accessed
Rule 6.10.
Judicial Council internal committees
Among recent improvements to the
through links provided in this section of
Rule 6.11.
Executive and Planning Committee
site are the following:
the Web site.
Rule 6.12.
Policy Coordination and Liaison Committee
q A search feature enables users to
q The popular "Opinions" of the
Rule 6.13.
Rules and Projects Committee
search by key word or phrase for infor-
Supreme Court and Courts of Appeal
Rule 6.20.
Proposals for new or amended rules, standards, or
mation posted in hypertext markup lan-
(www.courtinfo.ca.gov/opinions/), Cali-
forms
guage (HTML). It does not apply to files
fornia "Rules" of Court (www.courtinfo.
Rule 6.30.
Judicial Council advisory committees
posted in Microsoft Word or Adobe Ac-
ca.gov/rules), Judicial Council "Forms"
Rule 6.31.
Advisory committee membership and terms
robat PDF (Portable Document Format).
(www.courtinfo.ca.gov/forms/), and
Rule 6.32.
Nominations and appointments to advisory
q A site map provides a comprehen-
"News Releases" (www.courtinfo.ca.gov/
committees
sive overview of the site and links to
newsreleases/) are easily identifiable.
Rule 6.33.
Advisory committee meetings
each of its sections.
Users are encouraged to provide com-
Rule 6.34.
Duties and responsibilities of advisory committees
q "Reference" (www.courtinfo.ca.
ments about the site to help improve it.
Rule 6.40.
Appellate Advisory Committee
gov/reference/) offers up-to-date Judicial
Type them in on the feedback form at
Rule 6.41.
Civil and Small Claims Advisory Committee
Council and Administrative Office of the
www.courtinfo.ca.gov/contact.htm.
Continued on page 11
How a Proposal Becomes a Rule
"To improve the administration of justice the [Judicial Council] shall survey judicial business and make recommendations
to the courts, make recommendations annually to the Governor and the Legislature, adopt rules for court administra-
tion, practice and procedure, not inconsistent with statute, and perform other functions prescribed by statute." --Cal.
Const., art. VI, § 6.
Rule making by the Judicial Council involves several steps. Rules, forms, and standards of judicial administration
are circulated for comment twice a year for adoption effective January 1 and July 1. Generally, the council follows
the procedure described below. (Cal. Rules of Court, rule 6.20.)
1Submitting a Pro-
posal: Any person or
4 Comments
and Consid-
organization can submit
2 Analyzing the
Proposal: An ad-
3
eration:
5Final Judicial
Council Action:
visory committee
The advisory
a request for a new or amend-
(on, e.g., civil, criminal, or
RUPRO Action: RUPRO re-
After the comment period
committee recommendation is
ed Judicial Council rule, form,
family law, or court adminis-
views the advisory committee's
closes, the advisory committee
reviewed by RUPRO. If the
or standard of judicial
trators) analyzes the proposal
recommendation and may take
considers the comments and
advisory committee recom-
administration. It is helpful if
and may take one of the fol-
one of the following actions:
may:
mends adoption of a new or
the proposal includes: (1) the
lowing actions:
i Circulate the proposal for
i Recommend adoption of the
revised rule, form, or standard
text of the proposed rule,
i Recommend to the coun-
public comment with or
original proposal;
of judicial administration, the
standard, form, or amend-
cil's Rules and Projects
without modification;
i Modify the proposal and
matter is placed on the coun-
ment; (2) a description of the
Committee (RUPRO) that
i Recommend that the coun-
recommend adoption as
cil's agenda. The council may
problem to be addressed; (3)
the proposal be circulated
cil adopt it without circu-
modified;
adopt, modify, or reject the
the proposed solution and al-
for public comment, with
lating it for comment if the
i
proposed rule, form, or stan-
Hold the proposal in com-
ternative solutions; (4) any
or without modification, or
proposal presents a non-
dard. If adopted, it will usually
mittee for further study
likely implementation prob-
that it be adopted without
substantial, technical, or
become effective the following
and analysis; or
lems; (5) any need for urgent
being circulated for com-
noncontroversial change or
i
January 1 or July 1.
Reject the proposal based
consideration; (6) known pro-
ment;
correction;
on the comments received.
ponents and opponents; and
i Request further analysis by
i Request further analysis by
(7) any known fiscal impact.
the proponent; or
the advisory committee or
Mail, fax, or e-mail pro-
i Reject the proposal.
the proponent;
posals to: Judicial Council of
i Refer the matter to another
Contact
California, Attention: General
council committee, the full
Counsel (Rule/Form Propos-
council, or the Chief Jus-
al), 303 Second Street, South
tice; or
To find recent rule changes, see the California Courts Web
site, www.courtinfo.ca.gov/rules. To comment on proposed
Tower, San Francisco, CA
i Reject the proposal if it is
changes during a comment period, see www.courtinfo.ca.gov/
94107, fax: 415-396-9358
contrary to council policy
invitationstocomment/ or contact the Administrative Office of
(CALNET 8-531-9358),
or statute or conflicts with
the Courts, 303 Second Street, South Tower, San Francisco,
legal-services@ jud.ca.gov.
other rules or standards.
CA 94107, fax: 415-396-9358 (CALNET 8-531-9358).
C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
1 1
w
Rule 1439.
Indian Child Welfare Act (25 U.S.C. § 1901 et seq.)
Rule 1441.
Commencement of hearing--explanation of proceedings; paternity
New Rules
inquiry (Welf. & Inst. Code, §§ 316, 316.2)
Continued from page 10
Rule 1446.
Grounds for detention; factors to consider and findings; detention with
Rule 6.42.
Criminal Law Advisory Committee
a relative
Rule 6.43.
Family and Juvenile Law Advisory Committee
Rule 1456.
Orders of the court
Rule 6.44.
Court Profiles Advisory Committee
Rule 1461.
Twelve-month review hearing
Rule 6.45.
Trial Court Budget Commission
Rule 1462.
Eighteen-month review hearing
Rule 6.48.
Court Executives Advisory Committee
Rule 1463.
Selection of permanent plan (Welf. & Inst. Code, § 366.26)
Rule 6.49.
Conference of Court Executives
Rule 1466.
Hearings subsequent to a permanent plan (Welf. & Inst. Code,
Rule 6.50.
Governing Committee of the Center for Judicial Education and
§§ 366.25, 366.26, 366.3)
Research
Rule 1497.
Sealing records [Renumbered from 1499.]
Rule 6.51.
Court Interpreters Advisory Panel
Rule 2002.
Applicability
Rule 6.52.
Administrative Presiding Justices Advisory Committee
Rule 6.101.
Role of the Judicial Council and Administrative Office of the Courts
Rule 6.53.
Court Technology Advisory Committee
[Renumbered from 2301.]
Rule 6.54.
Traffic Advisory Committee
Rule 6.601.
Trial court management [Renumbered from 2501.]
Rule 6.55.
Access and Fairness Advisory Committee
Rule 6.650.
Trial court personnel plans [Renumbered from 2520.]
Rule 6.80.
Administrative Director of the Courts
Rule 6.700.
Trial court budgeting [Renumbered from 2530.]
Rule 6.81.
Administrative Office of the Courts
Rule 6.701.
Trial court budget procedure [Renumbered from 2531.]
Rule 6.90.
Center for Judicial Education and Research
AMENDED STANDARDS
Rule 598.
Telephone appearance
Sec. 24.
Juvenile court matters
Rule 826.
Notice when statute or regulation declared unconstitutional
Sec. 25.1.
General judicial education standards [Renumbered from 25.]
Rule 984.4.
Professional responsibilities for interpreters
Rule 989.2.
Nondiscrimination in court appointments
REPEALED RULES
Rule 1257.1
Uniform standards of practice for court-connected child custody
Rule 827.
Notice of intent to appear by telephone
mediation [This rule is effective July 1, 2001.]
Rules 1001­1026. Judicial Council and committees
Rule 1257.3. Uniform standards of practice for court-ordered child custody
Rules 1028­1072. Judicial Council committees and Administrative Office of the Courts
evaluations
Rule 1257.
Procedures for court-appointed investigations in child custody disputes
Rule 1257.7.
Domestic violence training standards for court-appointed child custody
REPEALED STANDARDS
investigators and evaluators
Rule 1406.5. Fax filing
Sec. 8.8.
Education on jury selection and treatment of jurors
Rule 1428.
Interstate Compact on the Placement of Children
Sec. 18.2.
Interpreted proceedings: interpreter understanding of terminology
Rule 1498.
Mental health or condition of child; court procedures
used in the courts
Sec. 18.3.
Standards of professional conduct for court interpreters
NEW STANDARDS
Sec. 25.3.
Family law judicial education curriculum
Sec. 1.5.
Appointment of attorneys, arbitrators, mediators, referees, masters,
Sec. 25.4.
Judicial education for juvenile dependency court judicial officers
receivers, and other persons
Sec. 25.5.
Judicial educational program on juvenile dependency law
Sec. 1.6.
Selection of members of court-related committees
Sec. 26.
Uniform standards of practice for court-connected mediation of child
Sec. 18.
Procedures for determining the need for an interpreter and
custody and visitation disputes [This section is repealed effective July 1,
preappearance interview [Repealed and adopted.]
2001.] s
Sec. 18.1.
Interpreted proceedings--instructing participants on procedure
[Repealed and adopted.]
Sec. 25.
Judicial branch education
Sec. 25.2.
Judicial education for judicial officers in particular judicial
assignments
Sec. 25.3.
Judicial education curricula provided in particular judicial
New Forms
assignments
Sec. 25.6.
General court employee education standards
Sec. 32.5.
Information about alternative dispute resolution programs
Sec. 37.
Electronic filing
The following new and revised forms, approved by the Judicial Council at its October busi-
Sec. 38.
Access to electronic records
ness meeting, take effect January 1, 1999. They are accessible on the California Courts Web
site at www.courtinfo.ca.gov/forms/. A list of the amended forms is also sent to all presid-
AMENDED RULES
ing judges and court administrators.
Rule 26.
Costs on appeal
Rule 33.
Contents of record on appeal from judgment or order on motion for
GENERAL LEGAL (RULE 982)
new trial; noncapital cases
982(a)(17) [Rev.], Application for Waiver of Court Fees and Costs
Rule 35.
Preparation, certification, and filing of record
982(a)(17)(A) [Rev.], Information Sheet on Waiver of Court Fees and Costs
Rule 39.50.
Appeals in death penalty cases
982(a)(18) [Rev.], Order on Application for Waiver of Court Fees and Costs
Rule 39.52.
Preparation and certification of transcripts of municipal court
982(a)(18.1) [Rev.], Order on Application for Waiver of Additional Court Fees and
proceedings in death penalty cases
Costs
Rule 39.53.
Preparation of the record in death penalty cases
FAMILY LAW (RULES 1281­1299.67)
Rule 39.54.
Certification of record for completeness in death penalty cases
Rule 39.55.
Certification of record for accuracy in death penalty cases
1282.50 [Rev.], Appearance, Stipulations, and Waivers
Rule 39.56.
Transmission of record in death penalty cases
1285 [Rev.], Order to Show Cause (Family Law--Uniform Parentage)
Rule 201.
Form of papers presented for filing
1285.05 [Rev.], Temporary Orders (Family Law--Uniform Parentage)
Rule 298.
Telephone appearance
1285.10 [Rev.], Notice of Motion (Family Law--Uniform Parentage)
Rule 342.
Motion for summary judgment or summary adjudication
1285.20 [Rev.], Application for Order and Supporting Declaration (Family Law--
Rule 501.
Form of papers presented for filing
Uniform Parentage)
Rule 870.2.
Claiming attorney fees
1285.40 [Rev.], Responsive Declaration to Order to Show Cause or Notice of Motion
Rule 981.5.
Electronic filing and forms generation
(Family Law--Uniform Parentage)
Rule 1201.
Definitions
1285.79 [New], Information Sheet on Changing a Child Support Order
Rule 1205.
Applicability of rules
1285.88 [New], Notice of Registration of Out-of-State Support Order
Rule 1210.
Designation of parties
1285.90 [New], Request for Hearing Regarding Registration of Support Order
Rule 1211.
Parties to proceeding
1286 [Rev.], Request to Enter Default (Family Law--Uniform Parentage)
Rule 1212.
Other causes of action
1287 [Rev.], Judgment (Family Law)
Rule 1215.
Pleadings
1290 [Rev.], Notice of Entry of Judgment (Family Law--Uniform Parentage)
Rule 1216.
Summons; restraining order
1290.5 [New], Notice of Withdrawal of Attorney of Record
Rule 1225.
Application for court order
Family Law Discovery
Rule 1227.
Responsive pleading
1292.05 [Rev.], Declaration Regarding Service of Declaration of Disclosure
Rule 1236.
Appearance
Rule 1242.
Division of property
Domestic Violence and Child Abuse Prevention
Rule 1243.
Financial declaration
1295.90 [Rev.], Emergency Protective Order (CLETS) (Domestic Violence, Child
Rule 1247.
Notice of entry of judgment
Abuse, Workplace Violence, Civil Harassment)
Rule 1248.
Completion of notice of entry of judgment
1296 [Revoked], Application and Declaration for Order (Domestic Violence) [see new
Rule 1401.
Definitions; construction of terms
DV-100 and DV-100A]
Rule 1403.
Proper court; determination of child's residence; exclusive jurisdiction
1296.10 [Revoked], Order to Show Cause and Temporary Restraining Order (CLETS)
Rule 1413.
Paternity
(Domestic Violence) [see new DV-110]
Rule 1422.
Continuances
1296.20 [Revoked], Responsive Declaration to Order to Show Cause (Domestic
Rule 1431.
Hearing on subsequent and supplemental petitions (Welf. & Inst. Code,
Violence Prevention) [see new DV-120]
§§ 342, 364, 386, 387, 776, 777)
Continued on page 12
1 2
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
w
CRIMINAL
New Forms
CR-290 [Rev.], Abstract of Judgment--Prison Commitment--
How to
Determinate [formerly numbered DSL 290] [For
Continued from page 11
court use only]
Download
CR-290.1 [Rev.], Abstract of Judgment--Prison Commitment--
Judicial
1296.29 [Revoked], Restraining Order After Hearing (CLETS)
Determinate--Single, Concurrent, or Full-Term
(Domestic Violence) [see new DV-130]
Consecutive Count Form [formerly numbered DSL
Council
1296.31A [Rev.], Child Custody and Visitation Order Attachment
290.1] [For court use only]
Forms
(Family Law--Domestic Violence Prevention--
CR-290-A [Rev.], Abstract of Judgment--Prison Commitment--
Uniform Parentage)
Determinate--Attachment Page [formerly numbered
The Judicial Council's
1296.31A(1) [New], Supervised Visitation Order (Family Law--
DSL 290-A] [For court use only]
new and revised forms
Domestic Violence Prevention--Uniform Parentage)
CR-292 [Rev.], Abstract of Judgment--Prison Commitment--
are available for down-
1296.31B [Rev.], Child Support Information and Order Attachment
Indeterminate [formerly numbered CR 292] [For
(Family Law--Domestic Violence Prevention--
loading from the California
court use only]
Uniform Parentage-Governmental)
Courts Web site at www.
1296.31B(1) [Rev.], Non-Guideline Child Support Findings
DOMESTIC VIOLENCE PREVENTION (NEW)
courtinfo.ca.gov/ forms/.
Attachment (Family Law--Domestic Violence
DV-100 [New], Application and Declaration for Order (Domestic
However, they are pro-
Prevention--Uniform Parentage--Governmental)
Violence Prevention)
vided as Adobe Acrobat
1296.31C [Rev.], Spousal or Family Support Order Attachment
DV-100A [New], Child Custody, Visitation, and Support Attachment
1296.40 [Revoked], Proof of Service [see new DV-140]
documents (.pdf) and
to Application and Declaration for Order (Domestic
1296.45 [New], Registration of Foreign Domestic Violence
Violence Prevention)
cannot be filled out
Restraining Order and Order (CLETS) (Domestic
DV-110 [New], Order to Show Cause and Temporary Restraining
within the Acrobat
Violence Prevention)
Order (CLETS) (Domestic Violence Prevention)
Reader. The documents
DV-120 [New], Responsive Declaration to Order to Show Cause
Parentage
may only be printed out
(Domestic Violence Prevention)
1296.60 [Rev.], Petition to Establish Parental Relationship (Uniform
and filled in manually.
DV-130 [New], Restraining Order After Hearing (CLETS) (Domestic
Parentage)
Violence Prevention)
To retrieve the forms,
1296.605 [New], Summons (Uniform Parentage--Petition for Custody)
DV-140 [New], Proof of Service (Family Law--Domestic Violence
follow these steps:
1296.61 [Revoked], Standard Restraining Order (Uniform
Prevention--Uniform Parentage)
Parentage--Custody)
1. Go to www.courtinfo.
1296.65 [Rev.], Response to Petition to Establish Parental
ENFORCEMENT OF JUDGMENT
ca.gov/forms/.
Relationship (Uniform Parentage)
EJ-120 [Revoked], Statement for Registration of Foreign Support
1296.70 [New], Declaration for Default or Uncontested Judgment
Order and Clerk's Notice [see form 1285.88]
2. To download all the
(Uniform Parentage)
forms at once, you must
JUVENILE
1296.72 [New], Advisement and Waiver of Rights Re: Establishment
have a file compression
of Parental Relationship (Uniform Parentage)
JV-050 [New], Information for Parents (Juvenile Dependency)
utility that will decom-
1296.74 [New], Stipulation for Entry of Judgment Re:
JV-055 [New], The Dependency Court: How It Works
press ZIP files. With this
Establishment of Parental Relationship (Uniform
JV-100 [Rev.], Juvenile Dependency Petition (Version One)
Parentage)
JV-110 [Rev.], Juvenile Dependency Petition (Version Two)
utility, click on "Down-
1296.75 [New], Judgment (Uniform Parentage)
JV-320 [Rev.], Orders Under Section 366.26 of the Welfare and
load all of the forms in
1296.80 [New], Petition for Custody of Minor Children
Institutions Code
.ZIP format"; after this,
JV-360 [Revoked], Petition for Adoption of Dependent Child [see
Support
decompress the file with
new ADOPT-200]
1297.80 [Revoked], Notice of Review Hearing Regarding Child
JV-361 [Revoked], Consent and Agreement to Adoption [see new
the ZIP file utility. Indi-
Support and Recommendation of Commissioner or
ADOPT-210]
vidual forms then can be
Referee (Code Civ. Proc., § 640.1)
JV-362 [Revoked], Order of Adoption [see new ADOPT-215]
read with the Adobe
1297.82 [Revoked], Order After Review Hearing (Code Civ. Proc., §
JV-363 [Revoked], Attachment to Petition for Adoption of Dependent
Acrobat Reader. (Note:
640.1)
Child--Adoption of an Indian Child [see new
For more information on
ADOPT-220]
Governmental
downloading a free ZIP
JV-450 [Rev.], Order for Prisoner's Appearance at Hearing Affecting
1298.07 [Rev.], Order After Hearing
Prisoner's Parental Rights and Waiver of Appearance
file utility, visit the Web
1299.01 [Rev.], Summons and Complaint or Supplemental
JV-500 [Rev.], Paternity Inquiry--Juvenile
site at www.courtinfo.ca.
Complaint Regarding Parental Obligations
JV-505 [Rev.], Statement Regarding Paternity
gov/q&a/index.htm#unzip.
1299.07 [Rev.], Stipulation for Judgment or Supplemental Judgment
JV-510 [Rev.], Proof of Service--Juvenile
Regarding Parental Obligations and Judgment
The Adobe Acrobat
JV-520 [New], Facsimile Filing Cover Sheet--Juvenile
1299.13 [Rev.], Judgment Regarding Parental Obligations
Reader is available free
JV-565 [Rev.], Findings and Request for Assistance Under Interstate
1299.22 [Rev.], Stipulation and Order
Compact on Placement of Children
at www.adobe.com/
1299.70 [New], Findings and Recommendation of Commissioner
JV-567 [Rev.], ICPC Priority--Findings and Orders
prodindex/acrobat/
1299.72 [New], Notice of Objection
JV-570 [Rev.], Petition for Disclosure of Juvenile Court Records
readstep.html.)
1299.74 [New], Review of Commissioner's Findings of Fact and
Recommendation
MISCELLANEOUS
3. To download a specific
MC-220 [Rev.], Protective Order in Criminal Proceeding (CLETS)
ADOPTION
form, use the pulldown
MC-275 [Rev.], Petition for Writ of Habeas Corpus
AD-100 [Revoked], Petition for Adoption [see new ADOPT-200]
menu at the bottom. The
MC-340 [Revoked], Age Increase Factor Table [Cal. Rules of Court,
AD-110 [Revoked], Consent and Agreement to Adoption [see new
menu lists all subjects al-
Appendix, Division V]
ADOPT-210]
phabetically, beginning
AD-115 [Revoked], Order of Adoption [see new ADOPT-215]
SMALL CLAIMS
with "All Forms" and
AD-120 [Revoked], Attachment to Petition for Adoption--Adoption
SC-130 [Rev.], Notice of Entry of Judgment
ending with "Workplace
of an Indian Child [see new ADOPT-220]
SC-134 [Rev.], Application and Order to Produce Statement of
ADOPT-200 [New], Petition for Adoption
Harassment." Click on
Assets and to Appear for Examination
ADOPT-210 [New], Petitioner Consent and Agreement to Adoption
the menu bar and select
TRAFFIC INFRACTIONS (NEW)
ADOPT-215 [New], Order of Adoption
the subject you want.
ADOPT-220 [New], Attachment to Petition for Adoption--Adoption
TR-150 [New], Instructions on Appeal Procedures for Infractions
of an Indian Child
TR-155 [New], Notice of Appeal
4. Click on "See Forms"
ADOPT-225 [New], Consent to Termination of Parental Rights and
TR-160 [New], Proposed Statement on Appeal
for a list of forms under
Certification--Adoption of an Indian Child
TR-165 [New], Abandonment of Appeal
the subject.
ADOPT-230 [New], Accounting Report--Adoptions
TR-200 [New], Instructions to Defendant
ADOPT-310 [Rev.], Kinship Adoption Agreement
TR-205 [New], Request for Trial by Written Declaration
5. From the list of forms
ADOPT-315 [Rev.], Petition for Enforcement, Modification, or
TR-210 [New], Notice and Instructions to Arresting Officer
that appears select the
Termination of Kinship Adoption Agreement
TR-215 [New], Decision and Notice of Decision
form you want by click-
ADOPT-320 [Rev.], Response to Petition for Enforcement,
TR-220 [New], Request for New Trial (Trial de Novo)
ing on the underlined
Modification, or Termination of Kinship Adoption
TR-225 [New], Order and Notice to Defendant of New Trial (Trial
form number to retrieve
Agreement
de Novo)
ADOPT-325 [Rev.], Order on Petition for Enforcement, Modification,
the Adobe Acrobat PDF
WORKPLACE HARASSMENT
or Termination of Kinship Adoption Agreement
file.
WH-110 [Rev.], Response to Petition for Injunction Prohibiting
CIVIL HARASSMENT
Harassment of Employee (Workplace Harassment) s
6. To print the form, click
CH-120 [Rev.], Order to Show Cause and Temporary Restraining
on the print option in
Order (CLETS) (Harassment)
Adobe Acrobat.
CH-140 [Rev.], Order After Hearing on Petition for Injunction
Prohibiting Harassment (CLETS)
C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
1 3
GROWING
Spotlight on:
RESPONSIBILITIES
Under the new single-source
funding system, the 14-member
Trial Court Funding Unit unit led by Wolin is responsible
for developing the entire trial
court budget, except for the trial
Editor's Note: Court News con-
court baseline and judicial
tinues its series on the programs
PROGRAMS AND PEOPLE
branch budgets, which fall un-
and people of the Administrative
der the AOC Finance Bureau's
Office of the Courts (AOC), the
umbrella. This means the unit is
staff agency for the Judicial
responsible for all augmentation
Council.
and incremental requests from
the 58 countywide trial court
"During the past year, the struc-
systems. A number of related re-
ture of California's Judicial
sponsibilities are part of the
Branch has undergone funda-
process; staff provides support to
mental alterations," Chief Jus-
the TCBC and its three commit-
tice Ronald M. George recently
tees: the Executive Committee,
told lawyers and judges attend-
which reviews agendas and re-
ing the State Bar Annual Meet-
ports to the TCBC; the BEAC,
A D M I N I S T R AT I V E O F F I C E O F T H E C O U R T S
ing in Monterey, referring to
which makes recommendations
state trial court funding and trial
neering a new budget system un-
working with the courts and has
to the TCBC on policies and cri-
court unification.
der extremely tight deadlines."
given him ample experience for
teria for future-year budget re-
The new comprehensive
Because the Lockyer-Isenberg
leading the new unit. The TCBC's
quests from the trial courts; and
state funding system for the trial
Trial Court Funding Act of 1997
next goal is to bring recommen-
the Allocation Committee,
courts has brought some re-
took effect January 1, 1998--
dations to the Judicial Council at
which recommends policies and
structuring at the AOC as well.
midway in the budget develop-
the council's next planning work-
criteria for the allocation of leg-
To support the new system's im-
ment process--time frames were
shop, for the budget process for
islatively approved current fiscal
plementation, the Trial Court
severely compressed. The bud-
fiscal year 2000­2001.
year appropriations for the trial
Funding Unit was created in
get development process for
The compressed budget
courts.
April. Unit Manager Jonathan
1999­2000 began in April and
timeline required courts not
"Working with the TCBC
Wolin credits Administrative Di-
requests from the courts were
only to develop their budgets
and its committees and chairs
rector of the Courts William C.
has been very rewarding," says
Vickrey and Trial Court Services
Division Director Kiri Torre for
"While the courts experienced some frustration this first budget year in the transition to
their leadership and vision in
single-source state funding, we are dedicated to improving the process for them."
developing the unit in response
to the landmark legislation. In
--Jonathan Wolin, Manager, Trial Court Funding Unit
the unit's first months of opera-
received in late May. Between
quickly, with the AOC's assis-
tion, the demands on it became
then and the council meeting in
tance, but also to respond to a
Wolin. "They are excellent and
greater than had been antici-
October, the Trial Court Budget
number of TCBC ad hoc surveys
dedicated to meeting the chal-
pated, however, and the group
Commission (TCBC) and the
about program areas such as ne-
lenges of the new system."
was expanded. Wolin notes, "Bill
Budget Evaluation and Appeal
gotiated salary increases and
The unit is also responsible
has recognized the importance
Committee (BEAC) had to re-
jury reform, a top priority of the
for preparing budget develop-
of this area by approving addi-
view the proposals and make
Judicial Council. In light of
ment packages and assisting the
tional staffing resources to meet
their recommendations.
those pressures, "the courts did
courts with developing budgets,
the increasing demands on the
"From everything we've
well," Wolin states. "There were
as well as reviewing and analyz-
unit."
learned, we can definitely start
some frustrations, but for the
ing the incremental budget re-
quests from the 58 trial court
CHALLENGING
the process earlier next year and
most part the courts have been
systems and providing justifica-
TIME FRAME
provide clearer directions to the
supportive and positive because
tion for these requests to the
The challenge for the unit, ob-
courts," says Wolin. His exten-
they recognize the importance
TCBC, Judicial Council, Gover-
serves Wolin, is that "the trial
sive background in state and
of this process."
nor, and Legislature. Unit staff
courts and the AOC are pio-
county government includes
Continued on page 14
theTrial Court Funding Staf
Jonathan Wolin, Manager, has been em-
ter's degree in public administration with a
Joyce Magee, Administrative Secretary, has
ployed by the AOC since 1997. Wolin has more
specialization in judicial administration from
been employed by the AOC since 1988. Before
than 20 years of experience in state and
the University of Southern California.
joining the AOC, she worked for the California
county government, including 12 years in the
Lita Bond, Court Services Analyst, comes to
Department of Industrial Relations in Labor
County of Orange Administrative Office that
the AOC from the rail transportation industry;
Law Enforcement; the Department of Justice in
involved extensive work with the courts, 4
she was Finance Director for Southern Pacific
CII-Investigation; and the Office of the Attor-
years as Manager of Administration at John
Transportation Company. At Southern Pacific,
ney General in the Civil, Criminal, and Public
Wayne Airport, and 5 years as a Legislative
she was responsible for the placement of fi-
Rights Divisions.
Fiscal Analyst in the Wisconsin Legislature. He
nancing for rail equipment acquisitions, pro-
Conrad Meredith, Court Fellow, has been
has a master's degree in public policy and ad-
ject analysis, budget review, and contract
with the AOC since July 1998. Meredith is the
ministration from the University of Wisconsin
administration. She has also been a council
Budget Analyst for the Los Angeles Municipal
and a bachelor's degree in pre-law from the
liaison in the City Manager's Office of the City
Courts Planning & Research Unit. He has also
University of Maryland.
of Miami Beach, working on public works pro-
worked in the Chief Administrative Office of
Elizabeth Vazquez-Avila, Supervisor, has
ject review and approval. Bond received her
Los Angeles County and in Los Angeles
been employed by the AOC since 1987. Before
undergraduate degree in business administra-
County's Health Services Administration Office
joining the AOC, Vazquez-Avila worked for the
tion and legal studies from the University of
earlier in his career. Meredith has a bachelor's
Los Angeles Municipal Court Planning and Re-
California at Berkeley and will begin work on
degree in business administration (accounting)
search Unit and before that for the U.S. District
her master's degree in public administration at
from Loyola Marymount University and is near
Court in Los Angeles. Vazquez-Avila has a
San Francisco State University in Spring 1999.
completion of a master's degree in business
bachelor's degree in political science from the
administration from the University of Southern
University of California at Berkeley and a mas-
California.
Continued on page 14

1 4
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
w
Trial Court Funding
Continued from page 13
also develops standards for court
operating and service levels and
the proposed policies and crite-
ria that form the basis for allo-
cation recommendations for
approved appropriations. In ad-
dition, staff assists courts in all
58 counties in developing their
incremental budget requests.
One way that staff helps the
courts is by generating and mon-
itoring financial information in
support of the development of
funding allocation and budget
analysis processes. Wolin points
out that the new trial court fund-
ing scenario has considerably
magnified the importance of the
allocation and budget request
processes.
LONG-TERM STABILITY
"Being involved from the
The Trial Court Funding Unit consists of, left to right, front row, Paula Vlamings, Manager Jonathan
ground up in a major change in
Wolin, Meghan Schwartz, Karen Mohrhoff, Conrad Meredith; back row, Nancy Piano, Elizabeth
the way the courts are funded
Vazquez-Avila, Marlene Hagman Smith, Vicki Muzny, Lita Bond, and La Verne Weaver. Not pictured:
and in the forefront of imple-
Joyce Magee, Eva Thaler-Sroussi, and I. Denise Friday Williams.
menting it is extremely reward-
ing and challenging," says Wolin.
"Although there are frustrations,
there is also a lot of excitement.
"While the courts experi-
are dedicated to improving the
each countywide court system
Over the long haul our work will
enced some frustration this first
process for them. We are making
while carrying out the Judicial
bring stability to the courts'
budget year in the transition to
every effort to be service oriented,
Council's statewide policies." s
funding needs.
single-source state funding, we
recognizing the uniqueness of
Trial Court Funding Staff
Continued from page 13
Karen Mohrhoff, Court Services
Meghan Schwartz, Court Ser-
Paula Vlamings, Court Services
Analyst, has been employed by the
vices Analyst, has been employed by
Analyst, began working for the AOC
AOC since 1997. Before joining the
the AOC since 1998. Before joining
in 1998. Prior to joining the AOC,
AOC, she worked in the Orange
the AOC, she worked for several
she was employed by the Judicial
County Superior Court for many
years as a senior budget analyst for
Council of the Ninth Circuit as a pol-
years in the areas of civil, criminal,
the Ways and Means Committee of
icy and research analyst for the fed-
family law, juvenile, and probate.
the Massachusetts House and as an
eral courts. She has also worked for
Mohrhoff has a bachelor's degree in
associate for a litigation consulting
the Federal Public Defender in
political science from the University
firm in San Francisco. Schwartz also
Sacramento and for the California
of California at Irvine and a master's
worked as an analyst for a Bay Area
Governance Consensus Project on
degree in public administration and
bioethics consulting firm. She has a
state budget reform. She received
a specialized master's certificate in
bachelor's degree in English and
her bachelor's degree in political sci-
judicial administration from the Uni-
French from Middlebury College in
ence from Virginia Tech University
versity of Southern California.
Vermont.
and her master's degree in public
Vicki Muzny, Senior Court Ser-
Marlene Hagman Smith, Court
policy and administration from Cali-
vices Analyst, has been employed by
Services Analyst, has been employed
fornia State University at Sacra-
the AOC since 1981. Before joining
by the AOC since 1996. Before her
mento.
the AOC, she was employed as an
tenure with the Trial Court Services
La Verne Weaver, Secretary, has
attorney assistant at a large law firm
Division, she worked with the Coun-
been employed by the AOC since
in Fresno. Muzny has a bachelor's
cil and Legal Services Division on the
1986. Before joining the AOC, she
degree in economics from California
Access and Fairness Project. Prior to
worked for a mortgage company as
State University at Fresno.
joining the AOC, Smith had seven
an audit clerk, processing loan pack-
Nancy Piano, Court Fellow, has
years of local government experi-
ages for government and conven-
been with the AOC since June 1998.
ence at the county level as an urban
tional loans.
She has more than 20 years of expe-
planner and grants administrator.
I. Denise Friday Williams, Se-
rience in court, county, and state
Smith has a bachelor's degree in po-
nior Court Services Analyst, has been
government and is the Assistant
litical science from Oregon State
employed by the AOC since 1988.
Court Executive Officer for the Su-
University. She also has completed
Her prior experience was in jury ser-
perior Court of Solano County.
two years of study in the master of
vices in the Orange County Superior
Piano has served on a number of
public administration program at
Court. Williams has also been a
Judicial Council committees, includ-
California State University at Fresno.
courtroom clerk's assistant in the Ju-
ing the Court Administrators
Eva Thaler-Sroussi, Graduate
venile Dependency Court in Los An-
Standing Advisory Com-
Student Assistant, has been em-
geles County and has held
mittee, the Trial Court
ployed by the AOC since 1998. She
internships in both the public de-
Budget Commission, and
currently attends the University of
fender's and district attorney's of-
the Budget Evaluation and
San Francisco Law School and will
fices in Riverside County. Williams
Appeal Committee. She
receive her law degree in May 1999.
has a bachelor's degree in political
currently serves as faculty
She has a bachelor's degree in Eng-
science and public service from the
for the Center for Judicial
lish literature from Brandeis Univer-
University of California at Riverside
Education and Research's
sity in Massachusetts. Thaler-Sroussi
and a master's degree in public ad-
Court Budgeting Course.
also holds a master's degree in Eng-
ministration, with a certificate in ju-
In addition, Piano was
lish literature and in communica-
dicial administration, from the
President-elect of the Cali-
tions from Hebrew University in
University of Southern California.
fornia Court Clerks Associ-
Jerusalem, Israel.
ation in 1997.


C O U R T N E W S
N O V E M B E R ­ D E C E M B E R 1 9 9 8
1 5
Education & Development
late District (Los Angeles), the
Second annual
program featured workshops de-
CJER BENCH signed to help appellate staff in training for
their work. Workshops included
AB 1058 staff
TIPS
a highly interactive and partici-
patory session on access, fair-
attracts 200
ness, and diversity in the courts;
The second annual training pro-
a discussion of innovations and
gram for court staff responsible
current applications of technol-
for implementing the Child Sup-
ogy; a review of ethics for the
Civil
port Commissioner and Family
court employee; and tips on
Law Facilitator Programs (Assem.
Among those attending the popular training for court staff re-
Proceedings
writing tasks in the courts. Other
Bill 1058) attracted approxi-
sponsible for implementing the Child Support Commissioner and
Family Law Facilitator Programs were, left to right, Lee Morhar, Se-
Benchbooks
workshops focused on human
mately 200 people, including
resources issues, retirement
child support commissioners,
nior Attorney with the AB 1058 Project at the Administrative Office
series completed
planning, creating appellate case
members of family law facilita-
of the Courts; James Dawson, Family Law Facilitator for Lake and
titles, use of the California Style
tor programs, and court clerks
Mendocino Counties; and Gretchen Serrata, Family Law Facilitator
CJER proudly announces the
Manual and LawDesk, and vio-
and court administrators from
for Nevada and Sierra Counties.
completion of the final book in
lence prevention and security in
across the state. It was held Sep-
its four-volume Civil Proceed-
the workplace.
tember 24­26 in Newport Beach.
ings Benchbooks series. After
Faculty were Court of Ap-
AB 1058 instituted changes
6659 (CALNET 8-531-6659), or
Trial (1,080 pages, hardcover),
peal justices and appellate court
to improve the way child support
Bonnie Hough, 415-904-5959
like all CJER benchbooks, is
staff from throughout the state,
is set and collected in California
(CALNET 8-539-5959), all in
written from the judge's per-
CJER and Administrative Office
courts.
the Center for Children and the
spective, distilling the experi-
of the Courts staff, and experts
The annual training ses-
Courts. s
ence and advice of a broad
from state agencies.
sions are designed to inform par-
cross-section of judicial officers
The Second Appellate Dis-
ticipants about changes in the
who wrote and reviewed the
trict offered participants a tour
law and also give them the op-
manuscript.
of the court in the Ronald Rea-
portunity to share best practices.
Courts of Appeal
Special thanks go to Judges
gan State Office Building and
At the training, participants dis-
Ronald L. Bauer (Orange),
hosted a continental breakfast
cussed changes in the law regard-
Hit the Road
Steven E. Jahr (Shasta), Richard
on the program's second day.
ing child support and welfare
J. McAdams (Santa Cruz), Stuart
The Court of Appeal for the Fourth Appellate District held
reform and effective ways to im-
R. Pollak (San Francisco), and
oral argument in El Centro on October 14, the first time
plement current law.
Ronald B. Robie (Sacramento),
Institute focuses
the court had sat in the Imperial County city. The court,
Special sessions were geared
who have served on the plan-
on research
led by Administrative Presiding Justice Daniel J. Kremer,
to participants' needs. Facilita-
ning and advisory committee
heard seven cases on appeal that originated in the county.
tors discussed issues they face as
since the project's inception in
attorneys' needs
"Conducting argument in El Centro was very success-
attorneys working for the court;
1992 and helped to shape each
The 1998 Judicial Research At-
ful," said Presiding Justice Kremer. "The members of our
how to assist the growing num-
of the 63 chapters.
torneys Institute, held September
court believe that holding argument in different venues
ber of persons requesting their
After Trial covers mainly,
23­25 in Los Angeles, offered
enhances understanding of the nature and importance of
services was a major concern.
but not exclusively, the various
trial and appellate court research
the appellate courts' work."
Commissioners and facilitators
proceedings that follow the ren-
attorneys an opportunity to dis-
The Fourth District includes Imperial, Inyo, Orange,
received training in domestic vi-
dition of judgment in a civil trial.
cuss concerns common to their
Riverside, San Bernardino, and San Diego Counties.
olence prevention. Workshops
Separate chapters discuss ad-
profession as well as to learn more
The Court of Appeal for the Second Appellate District,
were also held on genetic testing
ministrative mandamus and
about the substantive issues that
Division Six, based in Ventura, held oral argument in Santa
to determine parentage, new
other civil writs that a superior
dominate their work and devel-
Barbara on October 28. Presiding Justice Steven J. Stone
medical insurance programs for
court may issue. The index com-
opments in the court system that
said, "Traveling to Santa Barbara provides greater access
low-income children, trial court
bines the indexes of After Trial,
affect their responsibilities.
to our judicial system for plaintiffs, defendants, and
funding, court processes involv-
Discovery (1994), Before Trial
Besides orientation sessions
lawyers living in the county."
ing child support cases, welfare
(1995), and Trial (1997). The
for new appellate and new trial
Division Six includes Ventura, Santa Barbara, and San
reform, and new Judicial Coun-
case tables and the tables of
court research attorneys statewide,
Luis Obispo Counties. This is the second time this year that
cil forms.
statutes and rules have been
the program included separate
Division Six has heard oral argument away from its court-
q Contact: George Nielsen,
similarly combined in the back
roundtables for writ attorneys,
room in Ventura.
415-356-6614 (CALNET 8-531-
of the book.
central staff, chambers attorneys,
6614), Lee Morhar, 415-356-
All four volumes and their
trial attorneys, and principal
latest updates are available at no
attorneys.
cost to judicial officers through
Workshops provided up-
a grant from the Foundation for
dates on civil and criminal law;
Judicial Education. To order,
a behind-the-scenes look at pro-
Court Briefs
call CJER at 415-356-6441
bation and parole; information
(CALNET 8-531-6441).
on criminal issues, employment
law, paternity and support, in-
bers in court administration.
surance law, land use and tak-
National clerks
The conference also provides a
ings, and juvenile dependency;
association
forum for exchanging informa-
and discussion of arbitration,
Joseph A. Lane
WORKSHOPS
tion and ideas on appellate court
private judging, mediation, and
elects Second
operations.
alternative dispute resolution.
District's Lane
Lane has served at the Sec-
Other courses were offered
ond District of the Court of Ap-
on attorney conflict of interest,
president
peal since 1979. Prior to his
writs for non-writ attorneys,
Joseph A. Lane, Clerk of the
Appellate staff
appointment to Clerk of the
opinion writing, and literature
Court, Second Appellate District
Court in 1992, he served as
training offered
on the law.
(Los Angeles), took over the
Deputy Clerk I and II and Chief
Faculty from throughout
reins as 1998­1999 president of
Deputy Clerk. He has just com-
Approximately 90 appellate
California included Court of Ap-
the National Conference of Ap-
pleted a term as a Judicial Coun-
court nonjudicial staff, including
peal justices, trial court judges,
pellate Court Clerks at the asso-
deputy clerks, secretaries, and
cil advisory member.
and research attorneys from
ciation's meeting in Oregon in
administrative staff, attended
Yerly has served at the Sixth
those courts, as well as legal ex-
August. Michael Yerly, Clerk of
the Appellate Staff Continuing
District of the Court of Appeal
perts, court administrators, and
the Court, Sixth Appellate Dis-
Studies Program on November 5
since 1985. Before being ap-
Administrative Office of the
trict (San Jose), was elected vice-
and 6 in Los Angeles.
pointed Clerk of the Court in
Courts (AOC) staff. The curricu-
president.
Developed by the Center for
1988, he was Deputy Clerk and
lum for the Judicial Research At-
The organization was estab-
Judicial Education and Research
Chief Deputy Clerk. He pre-
torneys Institute was developed
lished in 1973 to improve the
(CJER) and hosted by the Court
ceded Lane as a Judicial Coun-
by CJER with support from the
skills and knowledge of its mem-
of Appeal for the Second Appel-
cil advisory member. s
AOC's Appellate Services Unit.
1 6
N O V E M B E R ­ D E C E M B E R 1 9 9 8
C O U R T N E W S
Calendar
COURT NEWS
CONFERENCES
is published bimonthly by the
Judicial Council of California,
1998
DEC 9­11
"Beyond the Bench X," Omni Hotel, Los Angeles; details and
Administrative Office of the
online registration at www.courtinfo.ca.gov/childrenandthe
Courts. It welcomes news about
courts/ (see story, page 8)
California's courts and their
DEC 10­11
California Drug Court Symposium, DoubleTree Hotel, Sacramento
programs, projects, and personnel,
(see story, page 4)
including commissioners and
1999
MAR 10­13 1999 California Judicial Administration Conference, Westin Hotel,
referees. Editorial and circulation
offices: Room 4077, 303 Second
Long Beach
Street, South Tower, San
APR 23­25
California Judges Association Mid-Year Meeting, Palm Springs
Francisco, CA 94107,
415-396-9118 (CALNET
8-531-9118), e-mail:
JUDICIAL COUNCIL MEETINGS
pubinfo@courtinfo.ca.gov.
All Judicial Council business meetings will be held at the Administrative Office of the
Courts in San Francisco, except as indicated.
© 1998 Judicial Council of
1999
MAR 10 (Long Beach)
California/Administrative
APR 30
JULY 16
AUG 27
OCT 22
DEC 2
Office of the Courts
q Contact: Secretariat and Conference Services, 415-396-9347 (CALNET 8-531-9347),
Chair, Judicial Council
e-mail: jcservices@courtinfo.ca.gov.
Chief Justice
Ronald M. George
JUDICIAL EDUCATION
Administrative Director
Programs
of the Courts
1998
DEC 3­4
Institute for New Assignments (pursuant to Proposition 220),
William C. Vickrey
San Diego
General Counsel
1999
JAN 10­15
Continuing Judicial Studies Program--Winter Session, Oakland
Michael Bergeisen
FEB 4­6
Criminal Law and Procedure Institute, San Diego
Assistant Director
FEB 18­19
Probate and Mental Health Institute, location to be announced
Council and Legal Services
Orientation
Division
Dale Sipes
Orientation programs for new trial court judges, commissioners, and referees are
scheduled as follows:
Communications Supervisor
1998
DEC 7­11
Katharine Holland
1999
JAN 11­15
FEB 1­5
FEB 22­26
MAR 8­12
MAR 22­26
Managing Editor/Writer
APR 12­16
MAY 3­7
MAY 24­28
Karen Ringuette
Note: Orientation sessions with insufficient enrollment will be canceled. Call CJER for
the latest information.
Writer
James Carroll
Computer Classes
Los Angeles
San Francisco
Copy Editors
Fran Haselsteiner
MAR 4­5, 1999
DEC 17­18, 1998
Carolyn McGovern
JAN 28­29, 1999
Christine Miklas
FEB 11­12, 1999
Design, Illustration, and
q Contact: CJER, 415-356-6400 (CALNET 8-531-6400).
Production
Suzanne Bean
ADMINISTRATIVE EDUCATION
Sheila Ng
1998
DEC 10­11
Drug Court Symposium, Sacramento
This newsletter is printed on
1999
JAN 28­29
Leading Organizational Change, Oakland
100 percent recycled and
recyclable paper.
FEB 18­19
Court Budgeting, location to be determined
q Contact: Administrative Education, 415-356-6400 (CALNET 8-531-6400).
First Class Mail
COURT NEWS
U. S. Postage
P A I D
Judicial Council of California
San Francisco, CA
Administrative Office of the Courts
Permit No. 925
303 Second Street, South Tower
San Francisco, CA 94107­1366

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