(Revised January 1, 2008.)

I. INTRODUCTION

This document describes the internal operating practices and procedures of the Court of Appeal for the Fourth Appellate District, Division One, for review of appeals and original proceedings.

II. THE COURT

The Court of Appeal for the Fourth Appellate District consists of three divisions. Division One, covering cases arising in San Diego and Imperial Counties, is located in San Diego with ten justices, one of whom is the Presiding Justice. (Gov. Code, § 69104.) Divisions Two, covering cases from Riverside, San Bernardino and Inyo Counties, and Three, covering cases from Orange County, are located in Riverside and Santa Ana respectively.

III. PROFESSIONAL STAFF

Each justice has two staff attorneys and one judicial assistant to assist him or her in the chambers work. In addition, there is a Central Staff, which consists of a Managing Appellate Court Attorney, a Supervising Appellate Court Attorney (Supervising Writ Attorney), and staff attorneys who assist the court in processing petitions for writs, Central Staff assisted appeals, record review in criminal cases as mandated by People v. Wende (1979) 25 Cal.3d 436, juvenile dependency matters, and motions. Central staff attorneys are also periodically assigned to assist the justices in processing chambers assignable cases as necessary to accommodate the case management needs of the court. One central staff attorney handles cases in which bankruptcy has been filed by one of the parties.

Support staff includes a librarian, two systems administrators, a budget analyst, central staff judicial assistants, and a human resources department.

IV. CLERK'S OFFICE

The Clerk's Office consists of the Clerk Administrator, who oversees the entire District and is currently located in Division One, an Assistant Clerk Administrator, a Supervising Deputy Clerk, deputies, an appellate court records assistant, and a receptionist. Certain deputies are designated "terminal digit deputies" (terminal digit is the last number in the six-digit appellate case "D" number) and process all filings on cases assigned to them from the time the case is assigned a case number until the matter is final except for the calendaring process. Practitioners should ask to speak with the appropriate terminal digit deputy for information or assistance on a case or the calendaring deputy if the case has been placed on calendar. The court has a security guard physically located in the Clerk's Office. However, the California Highway Patrol oversees and provides the court's overall security needs.

V. ORIGINAL PROCEEDINGS

The Clerk's Office forwards all writ petitions to the Supervising Writ Attorney, who reviews each petition as it comes into the Writ Department to determine its urgency. If it appears an immediate stay or other form of urgent action is required, the writ attorney orally presents the petition to the writ panel, a panel of three justices that rotates on a monthly basis.

Absent unusual urgency, petitions are processed in order of their filing with adjustments for impending hearing or trial dates in particular cases. The writ attorney or central staff attorney assigned to the Writ Department normally reviews the petition without waiting for a response (but may solicit a response if desired), prepares a written memorandum evaluating the petition, and circulates it to the writ panel.

After the memorandum circulates, the panel may alternatively (1) request a response, (2) deny the petition regardless of whether a response has been requested or filed, (3) issue a peremptory writ in the first instance without oral argument, but only when a response has been requested or filed and the parties have been notified by telephone, and then in writing, of the possibility, or (4) issue an alternative writ or order to show cause. It is the court's policy to request an initial response to the petition before issuing an alternative writ or order to show cause. If the panel issues an alternative writ or order to show cause, the real party will be given an opportunity to file a formal response and the cause will be placed on calendar. Generally, the writ attorney who prepared the written memorandum will assist the lead justice in drafting the opinion when the court intends to issue a peremptory writ in the first instance. Otherwise, one of the lead justice's chambers attorneys will assist in drafting the opinion when the court has issued an alternative writ or an order to show cause.

VI. APPEALS

A. Screening and Processing of Cases

In civil cases, a Civil Case Information Statement is filed within 10 days after the clerk mails appellant a notice that the form must be filed. (Cal. Rules of Court, rule 8.100(g).) From the information on the Civil Case Information Statement, the court determines whether there is any issue regarding jurisdiction or appealability, whether the case is entitled to priority, and whether there has been a previous writ or appeal in the same or a closely related matter.

When the respondent's brief is filed in a civil or criminal appeal, or the time stated in California Rules of Court, rules 8.220(a) or 8.360(c)(5) has run, the Managing Attorney or designee screens the case and assigns it to one of two procedural tracks for processing under the supervision of the authoring justice: the "Central Staff Assisted" track or the "Chambers" track.

Juvenile dependency cases are handled separately since they are expedited under California Rules of Court, rule 8.416.

B. Central Staff Assisted Appeals

If the appeal involves issues that can be resolved with little difficulty based upon well-established case law or by statute and there appears to be no likelihood of dispute as to how the law applies to the facts, the case will be assigned to Central Staff to assist in its processing under the supervision of the authoring justice. These cases are done chronologically and assigned randomly to an authoring justice who supervises the preparation of an opinion. If the case is appropriate for central staff assistance, then a central staff attorney assists the authoring justice in preparing the draft opinion. If argument has been waived, the authoring justice initials the draft opinion and circulates it, along with the entire appellate file, to the other justices on the panel in order of seniority. If the other justices approve and initial the proposed opinion, it will be filed. If oral argument has been requested, the proposed opinion is not circulated but instead is included in the justice's calendar book for the month of argument and handled along with all the other argued cases.

Central staff attorneys similarly assist justices randomly assigned to author juvenile dependency appeals.

In Wende cases (People v. Wende, supra, 25 Cal.3d 436), where appellant's counsel is unable to find any reasonably arguable issues, counsel asks the court to review the entire record for error. After the Attorney General's Office acknowledges the case is a Wende, the defendant is given the opportunity to file a brief within 30 days. Once that brief is filed, or the time to file it has expired, the case is processed as any other Central Staff assisted appeal. A central staff attorney reviews the record for error and prepares a proposed opinion, which is delivered to the assigned lead justice and, if approved, circulated to the panel for signature and filing. If the defendant or the staff attorney discovers an issue requiring briefing, however, counsel for both parties are asked to file briefs and, as in any other appeal, may request oral argument. The case will then be argued with all the other cases for that particular monthly calendar.

C. Chambers Appeals

Other appeals are assigned directly to "chambers." The Managing Attorney or designee estimates the amount of time it will take to prepare the case, assigning values between three (relatively little time) through eight (substantial amount of time) in an attempt to equalize the workloads of the individual chambers. Once "weighed", the cases are randomly distributed to the justices unless the court has issued an opinion in a previous appeal or writ in the same or closely related matter, in which case an attempt is made to assign the case to the same authoring justice and possibly the same panel. The assignment calendar is issued approximately two months before oral argument with each justice assigned to author, on average, a core of six cases. Additional juvenile and criminal cases are added to each chambers calendar depending on the needs of the court. Several chambers in a given month may also be assigned additional civil cases to be prepared with the assistance of a specially assigned central staff attorney. The internal procedures for assigning and preparing cases in chambers vary. The draft opinions of cases to be orally argued are placed in a calendar book, generally the first Monday of the month. The justices review all cases in which they are to participate in advance of oral argument and confer on all cases argued immediately after argument.

In cases where oral argument has been waived, a proposed opinion is prepared and circulated in order of seniority to the other justices assigned to the panel for that case. If the other justices concur, the opinion will be filed without delay.

VII. ORAL ARGUMENT

Oral argument is generally held during the second week of the month. Specific cases will be calendared during other times when resolution of the matter is urgent or for other good cause. Argument is limited to no more than 15 minutes per side, unless the time is extended by advance written request and leave of court.

Those matters that are orally argued are generally submitted at the conclusion of counsel's arguments. If argument has been waived, the case will be submitted at the conclusion of the entire argument calendar. Submission of the case triggers the 90-day rule for the filing of the opinion. (Cal. Const., art. VI, § 19.)

VIII. SETTLEMENT CONFERENCES - LITIGANT INITIATED

The general information packet sent to parties at the commencement of the appeal includes guidelines for the settlement program and an appellate settlement request form. The program is voluntary and available at the request of both parties or, should there be more than two parties, at the request of any two opposing parties. The request for a settlement conference may be made as soon as the notice of appeal is filed and settlement proceedings may commence before briefing but, in any event, the request must be received no later than 30 days after the filing of the last brief. The request normally will not interrupt or extend the briefing schedule. The Presiding Justice in selecting the settlement justice will consider the parties' request for a particular settlement justice. Should settlement efforts prove unsuccessful, the settlement justice will be recused on the ensuing appeal. In such instances, all settlement papers are strictly confidential and are kept separate from the appellate record.

IX. SETTLEMENT CONFERENCES - COURT INITIATED

From time to time the court has a court-initiated settlement program which is a joint effort with the superior court to resolve civil appeals without the time delay and additional costs associated with the traditional appellate process. The court selects cases suitable for possible settlement from a review of the Civil Case Information Statements. The court sends a questionnaire to all counsel in the selected cases to get additional information as to possible issues on appeal. After review, the settlement judge, a superior court judge sitting on assignment, conducts a conference call with all counsel to discuss the case further and to determine whether it would be beneficial to schedule a settlement conference with counsel and the parties. The court attempts to schedule settlement conferences after the record has been filed but before briefing has begun and, if needed, counsel may be asked to provide limited briefing. If settlement appears to be possible, a conference will be set for the earliest mutually convenient time. Additional conferences, if needed, will be set after the first conference. All documents filed for the settlement proceedings will be kept separate from the pending appeal and the settlement judge will not participate in any related panel discussions or decisions. No record is made unless the case settles.

X. EXTERN PROGRAM

The court offers an extern program for select law school students three times a year (Fall, Spring and Summer sessions). Externs are selected by the specific justices with whom they then work for 20-40 hours per week during the session. The Managing Attorney administers the program, which consists of a two-day orientation, a series of substantive and procedural law lectures, and monthly group meetings. If students participate as part of their school's extern/clinic program, they may earn course credit for their efforts.

XI. MOTIONS

Applications in routine matters (see Cal. Rules of Court, rule 8.50) are reviewed by a central staff attorney and presented to the Presiding or Acting Presiding Justice for a ruling. Applications in non-routine matters, such as a motion to dismiss an appeal, are presented to a panel of the court for ruling. Extensions of time are ruled on immediately. Motions in writ proceedings are not held for opposition absent a request by the parties.

(Revised January 1, 2008; revised January 1, 2007; adopted, eff. September 1, 2004.)