Rule 6.1. Disposition Goals.
The court endeavors to approximate criminal case disposition time consistent with the standards of Division 1, section 2.1 of the Standards of Judicial Administration Recommended by the Judicial Council. (Appendix to California Rules of Court) adopted pursuant to Government Code sections 68063 and 68020. It is the policy of the court to dispose of criminal matters as follows:
(1) Misdemeanor Cases:
(a) 90 percent concluded within four weeks after arraignment.
(b) 95 percent concluded within six weeks after arraignment.
(c) 100 percent concluded not later than second scheduled trial setting period after arraignment.
(2) Felony Cases:
(a) Preliminary Examinations
(i) 90 percent concluded within four weeks after arraignment.
(ii) 100 percent concluded or preliminary examination held within six weeks after arraignment.
(b) Trials
(i) 90 percent concluded within four weeks after arraignment on information.
(ii) 100 percent concluded not later that second scheduled trial setting period after arraignment on information.
Rule 6.2. Filing of Accusatory Pleadings and Requests for Warrants
6.2.1. The filing of accusatory pleadings shall include an original and one copy for each defendant. Accusatory pleadings in cases involving multiple defendants shall include all defendants in the caption of each pleading; in such cases each defendant will be the subject of separate filing and case number. (Adopted January 1, 2007)
6.2.2. Accusatory pleadings involving persons in custody shall be filed with the clerk at the earliest opportunity and, absent good cause, not later than two hours prior to such defendant’s first appearance. At all hearings on felony matters with defendants in custody the District Attorney shall appear, which appearance may be by telephone if personal appearance is impractical. (Adopted January 1, 2007)
6.2.3. Accusatory pleadings involving persons not in custody, not including citations serving in lieu of complaints which are not directly filed with the court by the issuing law enforcement agency, shall be filed with the clerk at the earliest opportunity and in no event later than the third business day preceding the first scheduled appearance on those charges. Citations serving in lieu of complaints issuing through the District Attorney’s office shall be filed not later that ten court days preceding the first scheduled appearance on those charges. (Adopted January 1, 2007)
6.2.4. Oral amendments and interlineations to accusatory pleadings once filed are disfavored; the District Attorney shall be prepared contemporaneously to file amended pleadings at such time as disposition or other proceeding requires. (Adopted January 1, 2007)
6.2.5. Written requests for arrest and/or search warrants shall first be presented to the District Attorney for review and approval before submission to the court, and otherwise will not be considered by a judge except on showing of exigent circumstances. All requests for arrest warrants shall include a request for bail in a specific amount and shall be accompanied by a proposed warrant with space for the judge to set the amount of bail. All requests for bail shall be accompanied by reference to the amount set in the Court’s Bail Schedule for the particular offense(s), and requests for a bail differing from the schedule shall set forth the reasons for such request. (Adopted January 1, 2007)
Rule 6.3. Hearings in Criminal Cases
Hearings/conferences in criminal cases are principally
(1) Arraignment
(2) Bail Review
(3) Demurrer
(4) Combined deferred arraignment and pretrial (misdemeanor and infraction only)
(5) Pre-trial Conference
(6) Pre-preliminary Examination Conference
(7) Deferred Entry of Judgment/Diversion/ Proposition 26
(8) Motions
(9) Trial Readiness and Management
(10) Preliminary Examination.
(11) Trial
(12) Judgment and Sentence/Probation (including restitution)
(13) Order to Show Cause re Probation Violation/Other
(14) Review/Modification
(15) Public Defender Repayment
(Adopted January 1, 2007)
Rule 6.4. Arraignment, Bail and Bail Review
6.4.1. Except as otherwise provide herein, arraignment shall be completed and plea entered on the first day scheduled, whether such proceeding is on complaint or information. (Adopted January 1, 2007)
6.4.2. At the time of arraignment the District Attorney shall have determined preliminarily the eligibility of defendants for Deferred Entry of Judgment pursuant to Penal Code section 1000, diversion program pursuant to Penal Code section 1000.1, et seq, drug treatment pursuant to Penal Code section 1210-1210.1 (Prop. 36), and, if applicable, shall file a written statement of the defendant’s status under such sections. (Adopted January 1, 2007)
6.4.3. Persons appearing without counsel shall file a Statement of Rights upon the calling of the matter. Such persons who desire to consult with and/or retain counsel before concluding arraignment shall, upon request and time waiver, be granted a reasonable continuance of arraignment for such purpose, not to exceed two weeks. (Adopted January 1, 2007)
6.4.4. Counsel appearing at arraignment shall have ascertained and discussed with defendants the charges, possible pleas and defenses, potential direct consequences of conviction, and constitutional and statutory rights, including those relevant to time limits. (Adopted January 1, 2007)
6.4.5. Pleas of not guilty entered at arraignment will be deemed to include reservation of right to demur or to make motions. Demurrers shall be filed so as to be heard not later than the third week following the first appearance, whether plea is entered or not; failure to so file and schedule shall be deemed waiver of right to demur. Time required for hearing of demurrers shall be excluded from the disposition time goals of section 6.1. (Adopted January 1, 2007)
6.4.6. Counsel appearing at arraignment, including combined arraignment/pre-trial conference pursuant to Rule 6.4.7, shall announce the following upon the calling of the case:
(1) Name, and whether appearing for defendant who is absent or present, and defendant’s custody, bail, or other out-of-custody status.
(2) Defendant’s true name.
(3) Whether copy of complaint/information has been received or receipt is waived.
(4) That counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits.
(5) Waiver of arraignment or request for arraignment by the court.
(6) Plea(s) to be entered, or, reason none is to be entered.
(7) Requested date(s) for pre-trial or pre-preliminary examination conference, preliminary examination, and/or trial pursuant to Rules 6.4.8 and 6.8.2. Preliminary examination shall be requested for not later than the second week following the pre-preliminary examination conference, and trial shall be requested for not later than the second trial session following the pre-trial conference.
(8) Whether time is waived generally, to a specific date, or not waived. Waiver of time for preliminary examinations shall include specific reference to both 10 and 60 day provisions of the Penal Code. Waiver of time for trial shall include specific reference to provisions of the Penal Code as applicable.
(9) If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court of the defendant’s booking status at the next hearing.
(Adopted January 1, 2007)
6.4.7. Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a combined arraignment/pre-trial conference on misdemeanors and infractions by letter, including FAX, received at least one court day prior to the hearing and demonstrating proof of service on the District Attorney. Upon appearing at combined deferred arraignment/pre-trial conference counsel shall first conduct arraignment pursuant to Rule 6.4.4. Such requests shall be construed as a binding commitment by counsel to representation of the defendant. Such requests shall be on letterhead stationary of the attorney and shall contain all of the following:
(1) Statement of representation.
(2) Identification of the matter by reference to caption and case number.
(3) Defendant’s true name.
(4) Statement that counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits.
(5) Request for deferred arraignment to pre-trial conference and general waiver of time for trial. Waiver of time for trial shall include specific reference to provisions of the Penal Code as applicable.
(6) Requested date(s) for combined deferred arraignment/pre-trial conference, and trial, pursuant to Rules 6.4.8 and 6.8.2, or request that trial setting be deferred until the conference.
(7) If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court of the defendant’s booking status at the next hearing.
(8) Acknowledgment of above and signature of defendant.
(Adopted January 1, 2007)
6.4.8. At arraignment, with general time waiver and request that trial or preliminary examination not then be set, the court will generally permit the parties to select the date for pre-trial or pre-preliminary examination conferences, not to exceed four weeks. Selection of dates should be made so as to permit necessary discovery, investigation, testing, and conferencing, to the end that pre-trial and pre-preliminary examination conferences are meaningful consistent with Rule 6.6.2. (Adopted January 1, 2007)
6.4.9. Requests by peace officers for higher bail than that set presumptively by the Alpine County Superior Court Bail Schedule shall comply with Penal Code section 1269c. All requests for deviation from the Bail Schedule for charged violent felony offenses, as defined in Penal Code section 667.5, shall occur pursuant to Penal Code section 1270.1. Bail review hearings on all felony matters shall occur only upon request made in open court or noticed motion. When a referral is made for bail review report by the Probation Department, the Department shall prepare a written report and recommendation which includes exposition of all factors mentioned in Penal Code section 1275 in sufficient detail fully to apprise the Court of the defendant’s eligibility for bail or any recommended increase or reduction thereof. At bail review hearings the District Attorney and counsel for the defendant shall be prepared to provide the Court with all factors and evidence upon which their respective recommendations for bail are based. (Adopted January 1, 2007)
Rule 6.5 Discovery and Investigation
6.5.1. Discovery is reciprocal and governed by Penal Code sections 1054-1054.7, and, to the extent not prohibited by or inconsistent with such sections, this Rule. (Adopted January 1, 2007)
6.5.2. Informal requests for discovery are deemed to occur at arraignment. (Adopted January 1, 2007)
6.5.3. The District Attorney shall have the following discovery duties:
(1) To have copies of all discoverable material available for delivery to the defense within two days after arraignment or receipt of letter request for deferred arraignment pursuant to Rule 6.4.7. To ascertain the existence of and acquire additional discoverable material and expeditiously to deliver same to counsel.
(2) Prior to pre-trial or pre-preliminary examination conference to acquire necessary supporting documents when an accusatory pleading charges or alleges prior convictions.
(3) At least two days prior to any hearing at which evidence is to be produced, including preliminary examinations, to deliver to the defense copies of all documentary evidence which is reasonably anticipated to be introduced at such proceeding.
(4) If chemical or other scientific testing of evidence is reasonably necessary to proof of any charge the District Attorney shall have a duty to initiate such testing forthwith upon the failure of disposition at pre-trial or pre-preliminary conference.
(Adopted January 1, 2007)
6.5.4. Upon receiving discovery the defense forthwith shall identify and initiate such investigation, including independent acquisition of prior conviction records, interview of witnesses, retainer of experts, and chemical/scientific testing as is necessary and appropriate to case evaluation and as will permit meaningful pre-trial and/or pre-preliminary examination conference and timely preliminary examination and/or trial. (Adopted January 1, 2007)
6.5.5. Formal requests for discovery and meet and confer efforts to resolve disputes shall be made in writing prior to the bringing of a discovery motion, and each party shall attach his/her writings to any such motion or response. “Boilerplate” discovery motions are disfavored. (Adopted January 1, 2007)
Rule 6.6. Pre-trial and Pre-preliminary Examination Conferences
6.6.1. Pre-trial and pre-preliminary examination conferences shall be scheduled for the purpose of determining if a given matter may be subject to disposition by agreement of the parties and acceptance by the court prior to preliminary examination and/or trial. (Adopted January 1, 2007)
6.6.2. All persons appearing at a pre-trial or pre-preliminary examination conference shall be fully prepared to accomplish its purposes; discovery, investigation, negotiation, and consideration of disposition shall have been conducted sufficiently in advance to permit proceedings to be meaningful and efficient. Multiple pre-trial or pre-preliminary examination conferences are disfavored. (Adopted January 1, 2007)
6.6.3. Offers and negotiations for disposition between counsel and/or consideration of offers and negotiations by defendants occurring for the first time on the day of pre-trial or pre-preliminary examination conferences are disfavored. (Adopted January 1, 2007)
6.6.4. In the event negotiations prior to pre-trial and/or pre-preliminary conferences do not result in agreement for disposition, defendants shall be personally present at the conference notwithstanding Penal Code section 977, unless expressly excused by the court. Upon the calling of a matter at pre-preliminary examination or pre-trial conference, if counsel advise the court of new offers or other circumstances which require time for consideration the matter will be trailed until such time as the other regular business scheduled for that day will not be delayed. (Adopted January 1, 2007)
6.6.5. In felony cases, if disposition negotiation between the parties reaches impasse and the parties desire to confer with a judge in chambers, the court shall be notified in writing of the request at least one working day before the pre-preliminary examination or pre-trial conference or at least one week before trial; chambers conferences requested on the day scheduled for pre-preliminary examination or pre-trial conference are disfavored. In all matters, unless the court has accepted a negotiated disposition prior to the day scheduled for preliminary examination or trial, the parties shall be prepared to proceed with any such examination or trial. (Adopted January 1, 2007)
6.6.6. In the event no disposition is achieved at pre-trial or pre-preliminary examination conference, trial or preliminary examination shall be scheduled. Dispositions after such conferences shall only be permitted by plea/admissions to all charges and allegations of the accusatory pleading, absent leave of court for good cause shown. (Adopted January 1, 2007)
Rule 6.7. Dispositive Pleas
6.7.1. Notwithstanding the limitations of Penal Code sections 1192.5 and 1192.6 to felony offenses, the provisions of those sections shall apply also when a defendant enters a plea of guilty or no contest to any misdemeanor offense involving use of a weapon, the infliction of any injury, domestic violence, and/or aggravating facts subjecting the defendant to increased penalties (e.g. prior conviction).
(1) In all cases coming under this Rule in which a plea is conditioned upon the court’s acceptance of a limitation on the punishment to be imposed the Defendant shall file a written statement of the terms of the conditional plea signed by the Defendant, his/her attorney, and signifying the approval of the District Attorney, which written statement shall be made a part of the record in the case, and District Attorney shall state in open court approval thereof.
(2) In all cases coming under this Rule in which charges contained in the original accusatory pleading are to be amended or dismissed, the District Attorney shall file a written statement explaining the reasons for the amendment or dismissal, which written statement shall be made a part of the record in the case.
(3) In all cases coming under this Rule in which the District Attorney seeks dismissal of a charge in a complaint, information, or indictment the District Attorney shall file a written statement explaining the specific reasons for the dismissal, which written statement shall be made a part of the record in the case, and also shall state those reasons in open court, on the record.
(4) In all cases coming under this Rule in which the District Attorney recommends what punishment the court should impose or how it should exercise any of the powers legally available to it, the District Attorney shall file a written statement explaining the specific reasons for the recommendation which written statement shall be made a part of the record in the case, and also shall state the specific reasons for the recommendation in open court and on the record; in felony cases, the District Attorney’s statement made in open court and on the record shall be transcribed and made a part of the court file.
(Adopted January 1, 2007)
6.7.2. In any case coming under Penal Code section 1192.7, and the District Attorney and Defendant propose a plea bargain to the court they shall file a joint written statement of the factors set forth in section 1192.7(a) which they assert permit the case to be excepted from the plea bargaining prohibition of section 1192.7. (Adopted January 1, 2007)
6.7.3. Pleas to all felonies and to misdemeanors offenses that subsequently may be charged as priors shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries from the court about the contents of the form and the intended plea. (Adopted January 1, 2007)
6.7.4. Pleas to offenses, whether charged and/or the subject of felony or misdemeanor plea, with special sentence consequences (e.g., drug or domestic violence programs, registration as drug or sex offender) shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries about the contents of the form and the intended plea. (Adopted January 1, 2007)
6.7.5. Pleas entered by counsel appearing pursuant to Penal Code section 977 shall be accomplished by the contemporaneous filing of fully executed change of plea form and such other relevant writings as mentioned in these Rules. (Adopted January 1, 2007)
6.7.6. Pleas pursuant to People v. West, 3 Cal.3d 595, are permitted only if accompanied by a written statement of factual basis or reference to specific documentary evidence supporting the plea, consistent with People v. Holmes, 32 Cal.4th 432, and the defendant’s acknowledgment that such plea will result in a finding of his/her guilt and no different consideration than if he/she were to have plead guilty or been found guilty after trial; such written statements shall be signed by the defendant, his/her attorney, and the District Attorney. Pleas pursuant to Alford v. North Carolina, 400 U.S. 25, are not permitted. (Adopted January 1, 2007)
6.7.7. Pleas with waivers pursuant to People v. Harvey, 25 Cal.3d 754, are permitted only if accompanied by a written statement identifying the dismissed counts or charges to which such waiver does and does not apply; such written statements shall be signed by the defendant, his/her attorney, and the District Attorney. (Adopted January 1, 2007)
Rule 6.8. Criminal Trials
6.8.1. Within 14 days prior to a scheduled trial a Trial Readiness and Management Conference which will include preliminary consideration of all motions in limine, proposed voir dire, proposed jury instructions and verdict form, and trial management issues. All parties shall file with the court and serve on all other parties 10 days prior to that conference a Trial Readiness and Management Conference Statement including the material mentioned next above, list of anticipated witnesses each expects to call, time estimate of the party’s case in chief (including anticipated cross-examination), and list and copy of all exhibits. Matters deemed privileged by constitutional or statutory provisions may be submitted under seal. Counsel shall be familiar with the provisions of sections 8.5 and 8.9 of the Standards of Judicial Administration in connection with voir dire. (Adopted January 1, 2007)
6.8.2. Criminal trials which are not subject to time constraints as a result of an appropriate waiver of time by the defendant will be scheduled for a regular trial session, not to exceed two sessions in the future. (Adopted January 1, 2007)
6.8.3. Multiple cases set for the same trial period will proceed in the following order: cases in which no time waiver has been given ahead of all others, in-custody defendants ahead of others, felonies ahead of misdemeanors, and then to cases based on earliest filing date. The court will endeavor to establish an order in which cases will proceed at least one week prior to the first day of the trial period. (Adopted January 1, 2007)
6.8.4. If multiple cases are set for the same trial period, any not immediately proceeding will be ordered to trail day-to-day. All parties shall monitor the progress of cases in trial and be prepared to proceed on one-half day notice. Trailing cases are subject to being advanced and/or the order of trailing changed in the event of disposition of earlier set cases, or upon order of the court. (Adopted January 1, 2007)
6.8.5. Unless the court orders otherwise, on the first day of a scheduled trial counsel and defendants shall appear at 8:15 a.m. (Adopted January 1, 2007)
6.8.6. Counsel shall have made sufficient arrangements for the appearance of witnesses that progress of trial is not delayed. (Adopted January 1, 2007)
6.8.7. Counsel shall insure that the prospective jury pool and jury selected are not contaminated by contact with counsel, defendants, or witnesses when in or about the courthouse or otherwise. (Adopted January 1, 2007)
6.8.8. All pre-trial motions, other than motions in limine, shall be filed as set for hearing at least one week prior to the Trial Readiness and Management Conference. (Adopted January 1, 2007)
Rule 6.9 Continuances; Special Appearances
6.9.1. Continuances frustrate the disposition goals and orderly processes of the court and are disfavored. However, in consideration of the court’s remote location, it is the policy of the court reasonably to accommodate unavoidable conflicting commitments of counsel and defendants. Scheduling of continued matters shall be consistent with the regular calendars of the court and once set will be so heard absent good cause arising from unforeseen circumstances beyond a party’s control. Routine requests to move matters from one calendar to another are disfavored. Conflicts arising after the scheduling of a given matter generally shall not constitute good cause. (Adopted January 1, 2007)
6.9.2. Motions to continue which fail to comply with Penal Code section 1050 and particular applicable statutes and California Rules of Court, including those pertaining to preliminary examinations, are disfavored. Those seeking a continuance shall present affirmative proof of good cause for and that the ends of justice require a continuance, including but not limited to showing why the circumstance upon which the motion is based could not be resolved without continuing the matter and/or arose from unforeseen circumstances beyond a party’s control. A stipulation alone will not constitute grounds for any continuance, should not be relied upon without court order, but may be presented as part of a motion. Such motions shall state the other party’s position on the issue. Any motion to continue shall be accompanied by a proposed order with provision for both grant and denial of the motion. (Adopted January 1, 2007)
6.9.3. Special appearances by one attorney for another in criminal matters are disfavored, and no such appearances shall be permitted without the prior approval of the court. Any such request shall include a showing of good cause arising from unforeseen circumstances beyond counsel’s control. Conflicts arising after the scheduling of a given matter generally shall not constitute good cause. (Adopted January 1, 2007)
Rule 6.10 Judgment & Sentencing/Probation
6.10.1. Judgment & Sentence/Probation shall follow promptly entry of plea or verdict of guilty; immediate sentencing may occur in the absence of probation report upon stipulation of the parties, waiver of time by the defendant, and approval by the court. Unless otherwise ordered by the court, Judgment & Sentencing/Probation hearings requiring probation reports or pursuant to time waiver by defendant shall be held not later than the fourth week following plea or verdict. (Adopted January 1, 2007)
6.10.2. Orders for service of time in county jail are satisfied by custody in El Dorado County pursuant to cooperative agreement with Alpine County. Defendants appearing for Judgment & Sentence/Probation shall be prepared to be remanded into custody in the event such is ordered by the court. Delayed self-surrender is disfavored and shall be permitted only upon a showing of good cause and when accompanied by the defendant’s acknowledgment of the principles of and waiver pursuant to People v. Cruz, 44 Cal.3d 1247, and People v. Masloski, 25 Cal.4th 1212. Requests for weekend time in custody shall be accompanied by specific dates, time, and place of self-surrender and be accompanied by similar Cruz/Masolski acknowledgment and waiver. (Adopted January 1, 2007)
6.10.3. When Sheriff’s work program and/or community work service conditions of probation are to be proposed, counsel/defendants shall have conferred with the Probation Officer prior to the hearing and be prepared to advance specific proposals for place, duration, and date of completion; such programs shall be completed in Alpine County and under the supervision of the Probation Officer unless otherwise ordered by the court and any cost thereof shall be the defendant’s responsibility. Requests for home electronic monitoring shall be accompanied by identification of monitoring entity and any cost thereof shall be the defendant’s responsibility. (Adopted January 1, 2007)
6.10.4. Defendants appearing for Judgment & Sentence/Probation when out-patient or in-patient counseling or attendance at similar programs is to be proposed shall have previously made contact with the proposed provider and be prepared to identify with specificity the counseling or program to which referral may be made and the duration and date of completion and unless otherwise required by law, and any cost thereof shall be the defendant’s responsibility. (Adopted January 1, 2007)
6.10.5. Judgment & Sentence/Probation on misdemeanors may occur in the defendant’s absence only pursuant to Penal Code section 977 (a)(1), and (2), in which event the appearing attorney shall within 10 days thereafter file with the clerk a Judgment &Sentence/Probation Order signed and dated by the defendant. The effective date of such Orders shall be that upon which the Order is made. (Adopted January 1, 2007)
6.10.6. When directed by the court, the Probation Officer shall conduct investigations and render reports pursuant to Penal Code section 1203.10 and California Rules of Court 4.411, 4.411.5. Misdemeanor reports may be summary, as by letter, or given orally, unless otherwise ordered by the court. (Adopted January 1, 2007)
6.10.7. When a judgment of imprisonment may be imposed under a statute specifying three possible terms, statements in mitigation or aggravation of a determinate sentence shall comply with Penal Code section 1170 (b) and California Rules of Court 4.437. Oral motions in aggravation or mitigation are not permitted. (Adopted January 1, 2007)
6.10.8. Prior to Judgment & Sentence/Probation the District Attorney, Probation Officer, and defendant have conferred to determine the actual days in custody the defendant has served and all credits to which he/she is entitled; in the absence of consensus each party shall be prepared to document his/her position. (Adopted January 1, 2007)
Rule 6.11. Working Copies of Motion Pleadings, Pretrial Management Conference Statements, Trial Briefs
Any pleading consisting of eight or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”. (Adopted January 1, 2007)