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| Release Date: August 22, 2001 | Release Number: 54 |
San Francisco—The California Supreme Court today announced new procedures designed to clarify the information that counsel who represent parties in capital cases pending before the court must provide when requesting an “extension of time” in which to file briefs or other documents.
The new procedures were adopted at the court’s regular monthly administrative conference and will become effective October 1, 2001.
Among the new procedures is a requirement that any declaration submitted in support of a request for extension of time must contain specific information, including: (1) the amount of time that has elapsed since the original due date, and the number of prior extensions requested and granted or denied; (2) the number of pages in the record on appeal; (3) a good faith estimate of the percentage of work accomplished at the time of the extension request; and (4) a good faith estimate of the amount of time required for the remaining work to be done, and a proposed target date for the filing of the pending motion or brief.
These measures are intended to assist counsel and the court in tracking case progress more closely.
In addition, the court amended, effective immediately, the Supreme Court Policies Regarding Cases Arising From Judgments of Death, by adding new Policy 4. The new provision describes appointed counsel’s duty to serve his or her client with a copy of each motion, request for extension of time, brief, petition, or other public document filed on the client’s behalf.
The court has sent letters to all counsel representing parties in capital cases, describing these and related changes in procedure. In addition, the court has notified by letter the California Attorney General’s office, the Office of State Public Defender, the California Habeas Corpus Resource Center, the California Appellate Project, and the Federal Public Defender, of these changes.
An addendum, setting out the various policies and amendments, is attached.
I. New Procedures Effective October 1, 2001
A. Contents of Declarations in Support of Extension of Time (EOT) Requests
Any declaration submitted in support of an EOT request must include the following:
1. The original due date for the uncompleted matter for which an EOT is sought; the total amount of time that has elapsed since that date; and the number of prior extensions requested and granted or denied.
2. The number of pages in the record on appeal, as follows: (a) the number of pages in the combined record on appeal, both reporter’s and clerk’s transcripts, including juror questionnaires, and (b) the number of pages in the combined record on appeal, excluding the juror questionnaires. (This information is not required if the EOT request concerns only habeas corpus briefing.)
3. A good faith estimate of the percentage of work accomplished to date, with regard to the uncompleted matter for which an EOT is sought.
4. A good faith estimate of the amount of time required for the remaining work to be done, with regard to the uncompleted matter for which an EOT is sought, and a proposed target date for the filing of that matter.
B. Contents of Appointed Counsel’s Confidential Status Reports
In accordance with longstanding court practice, until appointed appellate counsel files the appellant’s opening brief, and until appointed habeas corpus/executive clemency counsel files a concurrent capital-related state habeas corpus petition, a current confidential status report must be submitted every 60 days. Lead appointed counsel must serve a copy of the confidential status report on the assisting entity or attorney and on any appointed associate counsel, and must submit proof of service with the report. All 60-day confidential status reports submitted by appointed counsel must include the following:
1. Current case status, including a good faith estimate of the percentage of work accomplished to date with regard to each pending uncompleted task.
2. Progress during the last 60 days.
3. Problems and reasons for any delay.
4. Future plans, including a good faith estimate of the amount of time it will take for the remaining work to be done as to each pending uncompleted task, and a proposed target date for completion of each such task.
C. Supplemental Declarations and Confidential Status Reports
As appropriate, counsel of record may be requested to submit a supplemental declaration to establish good cause for any requested EOT. Similarly, appointed counsel, as appropriate, may be requested to submit a supplemental confidential status report.
D. Extensions of Time Related to Habeas Corpus Informal Briefing
Extensions of time granted by the court for
habeas corpus informal briefing (informal response to a habeas corpus petition,
or a reply to an informal response to a habeas corpus petition) will be
provided in 30-day increments, instead of the 60-day increments often used
for other stages of capital litigation.
Service of Process by Appointed Counsel
The court has amended the Supreme Court Policies Regarding Cases Arising From Judgments of Death, by adding the following new Policy 4, effective immediately:
“4. Service of process by appointed counsel
“Consistently with longstanding practice and court policy, except as specified below, appointed counsel must serve his or her client, any separately appointed counsel of record in any matter related to the same judgment, counsel of record for every other party, and all other entities and persons, including the trial court, the assisting entity or attorney, and trial counsel, with a copy of each motion, request for extension of time, brief, petition or other public document filed in this court or in the trial court on the client’s behalf, including any supporting declaration, with attached proof of service. A declaration submitted in support of any motion or request may refer to and incorporate by reference matters set forth in a current ‘confidential 60-day status report’ simultaneously provided only to this court. Appointed counsel also must serve any additional person or entity as requested by this court.
“Appointed counsel need not serve (1) trial counsel with any matter upon
or after the filing in this court of the certified record on appeal; (2)
the trial court with any extension-of-time request related to appellate
briefing; and (3) the trial court or trial counsel with any matter related
to habeas corpus briefing.”
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