SHERRI R. CARTER EXECUTIVE OFFICER / CLERK 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014 September 21, 2016 PROPOSED REVISIONS TO LOCAL COURT RULES Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are: • Rule 1.8 STANDING COMMITTEES Amend list to update with most recent standing committees • Rule 2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS Propose amending section (b)(1)(iii) Special Proceedings Heard in Writs and Receivers Departments, to change the reference to Civil Code section 1356 to 4275, and along with updating new procedures. • Rule 8.19 TRIAL EXHIBITS Propose changes throughout section (c) Application for the Court to Retain or Release and Transfer Exhibits, removing the word “retain”. • Rule 8.32 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE Add language to section (a)(1) No Open Case, to clarify the application procedure for filing. • Rule 8.42 PRO PER DEFENDANTS IN CRIMINAL CASES Amend list in section (c)(6) Legal Supplies, removing the word “staples” from the list of items a pro per inmate can possess, and to modify the procedure in section (g) Inmate Discipline and Revocation of Pro Per Status and Privileges, to withhold privileges due to misconduct at the jail. The proposed amendments were reviewed and approved by both the Los Angeles Superior Court’s Rules Committee and Executive Committee. Comments must be submitted via email at [email protected], or in writing, to: Janet Garcia, Room 620, Management Research Unit, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012. Comments must be received no later than 5:00 p.m. on November 5, 2016. View LASC Local Rules at http://www.lacourt.org
Transcript
SHERRI R. CARTER EXECUTIVE OFFICER / CLERK
111 NORTH HILL STREET LOS ANGELES, CA 90012-3014
September 21, 2016
PROPOSED REVISIONS TO LOCAL COURT RULES
Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are:
• Rule 1.8 STANDING COMMITTEES
Amend list to update with most recent standing committees
• Rule 2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS Propose amending section (b)(1)(iii) Special Proceedings Heard in Writs and Receivers Departments, to change the reference to Civil Code section 1356 to 4275, and along with updating new procedures.
• Rule 8.19 TRIAL EXHIBITS Propose changes throughout section (c) Application for the Court to Retain or Release and Transfer Exhibits, removing the word “retain”.
• Rule 8.32 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE Add language to section (a)(1) No Open Case, to clarify the application procedure for filing.
• Rule 8.42 PRO PER DEFENDANTS IN CRIMINAL CASES Amend list in section (c)(6) Legal Supplies, removing the word “staples” from the list of items a pro per inmate can possess, and to modify the procedure in section (g) Inmate Discipline and Revocation of Pro Per Status and Privileges, to withhold privileges due to misconduct at the jail.
The proposed amendments were reviewed and approved by both the Los Angeles Superior Court’s Rules Committee and Executive Committee. Comments must be submitted via email at [email protected], or in writing, to: Janet Garcia, Room 620, Management Research Unit, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012. Comments must be received no later than 5:00 p.m. on November 5, 2016. View LASC Local Rules at http://www.lacourt.org
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 1.8 – Staff Edits: 7/5/2016
Page 1
1.8 STANDING COMMITTEES 1
At the beginning of each year, the Presiding Judge shall appoint the following standing 2
committees, each to consist of not less than five judges: 3
Committee on Bench and Bar; 4
Committee on Civil & Small Claims; 5
Committee on Criminal Court Matters; 6
Committee on Budget; 7
Committee on Community Outreach; 8
Committee on Education; 9
Committee on Family Law; 10
Committee on Grand Jurors; and 11
Committee on Judges' Retirement Benefits; 12
Committee on Juvenile Departments; 13
Committee on Legislation; 14
Committee on Mental Health; 15
Committee on Personnel and Budget; 16
Committee on Probate Departments; 17
Committee on Rules; 18
Committee on Security; and 19
Committee on Trial Jurors. 20
(Rule 1.8 [7/1/2011, 7/1/2012] amended and effective _____________) 21
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 2.7 – Staff Edits 9/21/2016
Page 1 of 6
2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS 1
Subject to the authority of the Presiding Judge to apportion the work of the court, the following 2
actions, proceedings, and procedures are assigned in the Central District as follows: 3
(a) APPELLATE DIVISION: 4
Appeals from judgments and orders in misdemeanor, .................................. Appellate Division 5
infraction, and limited civil cases (except small claims cases), from anywhere 6
in the County. Petitions for writs of mandate, prohibition and review, in 7
misdemeanor, infraction and limited civil cases, from anywhere in the County. 8
Habeas corpus petitions filed in conjunction with............................................... Department 70 9
misdemeanor, infraction or limited civil appeals. Evidentiary hearings may be 10
assigned to the Criminal Division by the Criminal Division Supervising Judge 11
upon request of Department 70. 12
(b) CIVIL DIVISION: 13
(1) General Unlimited Civil Cases and Proceedings: 14
(A) Attachment and Writ of Possession Matters: .......... Department 82, 85, or 86 15
................................................................... See Local Rule 2.7(b)(1)(G) 16
- Writs of attachment, application for and other 17
proceedings in connection with, 18
- Writs of possession, application for and other 19
proceedings in connection with, 20
Hearing fees required by the court’s Schedule of 21
Fees must be paid in Room 102, Mosk Courthouse before filing papers in the 22
pertinent department. 23
(B) Civil Harassment Petitions: 24
Civil Harassment Petitions .................. Department 75Family Law Division 25
(C) Eminent Domain: 26
All eminent domain or ................................................ Direct Calendar Courts 27
inverse condemnation cases will be assigned to a direct calendar court for “all 28
purposes,” including post-judgment motions to enforce the judgment and 29
applications to withdraw funds on deposit after the case has been closed. 30
(D) Guardian ad Litem appointments: 31
Guardian ad litem appointments for a particular case ...................................... check the court’s website 32
Petitions for general guardianships and not for a particular case.................................. Probate Division 33
(E) Long Cause Cases: 34
A “long cause case” is defined as a trial that will take 35
at least twenty court days, excluding jury selection and jury deliberation. Long 36
cause cases are the primary responsibility of the direct calendar judge or other 37
judge initially assigned to try the case. If that judge cannot try the case due to 38
its length, it may be transferred to the Supervising Judge of the Civil Division 39
for assignment to a long cause trial judge sitting in the Central District. 40
(F) Supplemental and Miscellaneous Proceedings: 41
Enforcement of Judgment Proceedings: 42
All enforcement of judgment proceedings ............... check the court’s website 43
except contempt proceedings and appointment of receiver after judgment. Examples of enforcement 44
of judgment proceedings include: 45
- Application for post-judgment examination hearings 46
- Charging orders 47
- Claim of exemption hearings 48
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 2.7 – Staff Edits 9/21/2016
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- Court order of sale for real property dwelling pursuant to a writ of 49
execution 50
- Debtor examination hearings 51
- Hearing on third party claims pursuant to writ of execution 52
- Motions for assignment orders 53
- Third party examination hearings 54
- See also, Code of Civil Procedure sections 680.010 through 720.800 55
Escheat, hearings on petitions for relief ........................................................... check the court’s website 56
Ex parte orders shortening time in Department 1 ............................................ check the court’s website 57
In forma pauperis applications for civil limited and ....................................... check the court’s website 58
unlimited actions (except family law and probate) 59
and for appeals to the appellate court 60
In forma pauperis applications for small claims .............................................. check the court’s website 61
Name change, petitions and hearings ............................................................... check the court’s website 62
Newspaper, petition to establish standing ........................................................ check the court’s website 63
Publication of summons, application and orders for ....................................... check the court’s website 64
Service on Secretary of State of summons on corporation, ............................ check the court’s website 65
application and orders for 66
Voter information, petition to declare confidential .......................................... check the court’s website 67
(Elections Code, § 2166) 68
(G) Writs and Receivers Matters and Special Proceedings: 69
Matters assigned to Department 82, 85 or 86 (the “writs and receivers 70
departments”) for all purposes pursuant to this rule will be assigned by the clerk at the time of filing, 71
using a random system to insure that no party or person can control or determine in advance to which 72
department a case is assigned. 73
Matters assigned for all purposes to an unlimited civil trial department, in 74
which certain applications/motions (provisional remedies) are to be heard in a writs and receivers 75
department pursuant to this rule, will be heard in Department 85 if the case number ends in 1, 2, 3, or 76
4, in Department 86 if the case number ends in 5, 6, or 7, and in Department 82 if the case number 77
ends in 8, 9, or 0. Where two or more cases have been ordered related pursuant to Local Rule 3.3(f), 78
the writs and receivers department assigned to the lowest numbered case will hear the provisional 79
remedies application/motions for the related cases. 80
Ex parte matters are heard daily in all three departments at 8:30 a.m. 81
(i) Injunctive Relief, Unlimited Civil Cases: 82
In all unlimited civil cases, except for Personal Injury Actions as defined in Rule 83
2.3(a)(1)(A), the following matters are to be heard in the direct calendar court: 84
— A noticed motion for a preliminary injunction, no matter when made; 85
— An ex parte application for an order shortening time for hearing on a motion for a preliminary 86
injunction, made after an initial status conference or case management conference has been held; 87
— An ex parte application for a temporary restraining order, or an application for an order to show 88
cause re preliminary injunction, made after an initial status conference or case management 89
conference has been held; 90
— Any noticed motion or ex parte application to dissolve or modify a preliminary injunction made 91
after an initial status conference or case management conference has been held; 92
In all unlimited civil cases, the following matters are heard in the writs and receivers 93
departments: 94
— An ex parte application for a temporary restraining order, or an application for an order to show 95
cause re preliminary injunction, made before an initial status conference or case management 96
conference has been held in the direct calendar court; 97
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 2.7 – Staff Edits 9/21/2016
Page 3 of 6
— An ex parte application for an order shortening time for hearing on a motion for a preliminary 98
injunction, made before an initial status conference or case management conference has been 99
held in the direct calendar court. If the application for shortened time is granted, the motion for 100
preliminary injunction shall also be heard in the pertinent writs and receivers department; 101
— An ex parte application or noticed motion for injunctive relief or appointment of a receiver in a 102
Personal Injury Action whenever made; 103
— A demurrer or motion heard while an application for a preliminary injunction or motion for the 104
appointment of a receiver is pending in a writs and receivers department. 105
(ii) Receivers: 106
— A motion for the appointment of a receiver (and all matters pertaining to the receivership) is 107
assigned to the writs and receivers departments; 108
(iii) Special Proceedings Heard in Writs and Receivers Departments 109
The following special proceedings, when filed in or transferred to the Central District, 110
are assigned to the writs and receivers departments for all purposes: 111
- Cemetery, petition to replat or vacate (Health and Safety Code, §§ 8701-8715); 112
- Common interest development, petition to reduce votes required to amend declaration of covenants 113
and restrictions (Civil Code, §13564275); 114
- Contempt, order to show cause and trial (see Local Rule 3.11); 115
- Corporations, petition to take jurisdiction over voluntary winding up (Corp. Code, § 1904), 116
involuntary winding up of corporation (Corp. Code, § 1806), after a decree or stipulation of 117
winding up, and petition to fix value of shares (Corp. Code, § 2000); 118
- Declaratory relief, only when joined with a petition for a writ of review, mandate or prohibition; 119
- Director, petition to appoint provisional director (Corp. Code, § 308); 120
- Director, petition to determine election (Corp. Code, §§ 709, 5617, 7616 and 9418); 121
- Insurance company, insolvency proceedings; 122
- Late claim proceeding (Gov. Code, § 946.6), unless the underlying case has been filed and is pending, 123
in which case the petition is to be heard in the direct calendar court to which the underlying case 124
is assigned; 125
- Law practice, assumption of jurisdiction over (Bus. & Prof. Code, §§ 6126.3, 6180.2 and 6190) 126
– Sexually violent predator trial .................................................................................... Department 100, 240
for assignment to a trial court 241
(d) FAMILY LAW DIVISION: 242
Any matter arising under the Family Code, excluding emancipation of minors and 243
adoption, and other matters specifically assigned to other departments by these rules or order of court, 244
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 2.7 – Staff Edits 9/21/2016
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is assigned to the Family Law Division. Family Law Division courts in the Central District are direct 245
calendar courts, with the following exceptions: 246
- Child support cases ................................................................................... See also Local Rule 5.2524 247
- Defaults ........................................................................................................................... Department 2 248
- Domestic violence restraining orders.............................................................................. Department 8 249
- Civil Harassment Petitions ......................................................................................Department 2C 250 - Habeas corpus under the Hague Convention on International Child Abduction ............ Department 2 251
- Guardianship of minors when related to a family law child custody proceeding 252
are also assigned to the Family Law Division ............................................. See also Local Rule 5.2 253
(e) JUVENILE DIVISION: 254
Any matter arising under the Juvenile Court Law is assigned to the Juvenile Division, 255
including: 256
- Emancipation of minors, petition for 257
- Habeas corpus, petition for writ of, minor under 18, under arrest 258
- Medical treatment for minor, petition to provide 259
- Parental custody and control, petition to free a minor from, filed by Department of Adoptions, and 260
proceedings to determine the necessity of parental consent directly related thereto 261
(f) PROBATE DIVISION: 262
Any matter arising under the Probate Code, and any other action, proceeding or procedure 263
which by statute is to be heard by a judge hearing probate matters is assigned to the Probate Division. 264
(See, e.g., proceedings to establish record of birth, death or marriage under Health & Safety Code, § 265
10550 et seq.) 266
Compromise of a minor's claim prior to trial in a civil case is assigned to the Probate 267
Division, if the direct calendar judge who participated in a conference at which the compromise was 268
accomplished is unavailable. If an application is made to the direct calendar judge for a special needs 269
trust for the benefit of a minor or an incompetent person under Probate Code section 3602 or 3611, the 270
terms of the trust shall be reviewed and approved by the Probate Division. 271
Any proceeding to make a withdrawal from an account blocked for the benefit of a minor 272
or an incapacitated person is assigned to the Probate Division. 273
A mental health proceeding will be heard as specified in subdivision 2.7(c). 274
(a) Marking Exhibits; Exhibit Lists. Prior to trial, after consultation with the clerk regarding 2
marking of exhibits, counsel for the prosecution and the defense must provide an exhibit list to the 3
court. The prosecution must use numbers to identify their exhibits. The defense must use letters. No 4
exhibit may be referred to in open court unless opposing counsel has had an opportunity to examine it. 5
Documentary exhibits consisting of more than one page must be internally paginated in sequential 6
numerical order to facilitate reference to the document during the examination of witnesses. 7
(b) Hazardous Material. In the interest of public health and safety, no hazardous material, 8
including any controlled substance as defined by Health and Safety Code section 11007, no 9
paraphernalia or packaging containing residues of those substances, no hypodermic needles or 10
syringes, and no other items that the trial court may deem toxic, may be brought to the courtroom or 11
received into evidence, except as provided by Penal Code section 1417.3(b). 12
(c) Application for the Court to Retain or Release and Transfer Exhibits. After the court has 13
served a Notice of Intent to Dispose of Exhibits following a final disposition of a criminal action or 14
proceeding, a party may make an application for the court to retain or release and transfer exhibits. The 15
application must be filed in Department 100 in the Central District and served on all parties and the 16
Exhibits Custodian at the courthouse from which the Notice of Intent to Dispose of Exhibits originated. 17
The application will be heard by the Supervising Judge of the Criminal Division or his or her designee. 18
Pending resolution of the application, the Exhibits Custodian must not dispose of the exhibits. This 19
rule applies to all criminal actions and proceedings regardless of the district where the matter was 20
adjudicated, and includes both felony and misdemeanor cases. (Penal Code '' 1417-1417.9) 21
(Rule 8.19 [7/1/2011, 7/1/2016] amended and effective _____________) 22
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 8.32 – Staff Edits: 9/6/2016
Page 1
POST-CONVICTION RELIEF 1
8.32 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE 2
(a) Applications for Revocation, Modification or Termination of Probation. An application to 3
revoke, modify or terminate probation or a conditional sentence, or to recall a warrant thereon, must 4
be made and determined as follows: 5
(1) No Open Case. If there is no new criminal case (“open case”) pending against the 6
probationer, the application must be filed and determined in the court where the plea or verdict was 7
taken, unless: 8
(A) at the time probation was granted or reinstated, the judge granting 9
probation filed a written request in the case file and had it entered into the docket, that he or she hear 10
and determine all probation violations. In that case, the judge originally granting probation may hear 11
and determine all applications; or 12
(B) probation was granted after a guilty or no contest plea was taken in an Early 13
Disposition Program court. In that case the application must be filed and determined in the court to 14
which the case would have been transferred for arraignment on the information, had the defendant been 15
held to answer on the complaint, unless, pursuant to Local Rule 8.1 and 8.2, the Presiding Judge, 16
the Supervising Judge of Criminal, or the Supervising Judge of the District to which the case is 17
assigned, orders otherwise. 18
(2) With an Open Case. If there is an open case pending against the probationer, the 19
application must, except as provided hereinafter, be heard and determined by the judge handling the 20
open case, at or before the time the open case is determined. If, however, the judge who granted 21
probation, at the time probation was granted or reinstated, filed a written request in the case file and 22
had it entered into the docket that he or she hear and determine all violations, then the judge originally 23
granting probation may hear and determine all probation violations. Probationary matters ordinarily 24
shall follow the open case. This rule applies, regardless of whether the open case is a misdemeanor 25
and the probationary case is a felony, or vice versa, and regardless of whether the open case and the 26
probationary case are in the same district or different districts. 27
(b) Application to Recall and Modify a Sentence. An application to recall and modify a 28
sentence shall be heard and determined in the same manner as an application for revocation, 29
modification or termination of probation as set forth in subdivision (a)(1) above. 30
(Rule 8.32 [7/1/2011] amended and effective ______) 31
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 8.42 – Staff Edits: 8/1/2016
Page 1 of 5
PRO PER ISSUES 1
8.42 PRO PER DEFENDANTS IN CRIMINAL CASES 2
(a) Application. This rule governs defendants acting in pro per in criminal proceedings and 3
delineates their privileges. This rule has the force and effect of a procedural statute and will be strictly 4
followed. A defendant who fails to follow these rules may lose pro per status or pro per privileges. A 5
defendant requesting pro per status must file an affidavit or declaration stating that he or she is familiar 6
with this rule and that he or she understands that the failure to adhere to this rule will result in 7
appropriate sanctions including, but not limited to, the loss of pro per status or privileges. 8
(b) Sheriff's Authority. The Sheriff has the exclusive authority to house inmates and take such 9
other action authorized by law as is necessary to maintain jail security, discipline, and safety and 10
provide for the operation of the jail. 11
(c) Procedure. 12
(1) Notice of Hearing and Filing of Papers. Motions, applications for court orders, and 13
other court documents must be filed with the clerk where the case is then pending, and a copy must be 14
served on the prosecuting attorney and all other attorneys or parties in pro per ten days in advance of 15
any proposed hearing date, in accordance with applicable law. Service by mail is acceptable. Any 16
kind of writing or typing paper may be used, but all documents must be legibly printed in pencil or 17
typed. Unless a hearing date for the motion was previously scheduled by the court, motions and other 18
applications for hearings must contain a proposed hearing date in the first paragraph. The first 19
paragraph must also contain a brief statement of the order or orders requested. 20
(2) Subpoena Power. A defendant may use the subpoena power of the court to compel 21
the attendance of witnesses. The Sheriff will furnish subpoena forms for use by pro per inmates who 22
request them. A pro per defendant must not subpoena individuals to annoy, embarrass, or harass any 23
witness. To do so will be deemed an abuse of process. 24
Prior court review is required before a defendant may cause the service of a 25
subpoena on any of the following: 1) an individual who lacks personal knowledge concerning the 26
factual issues of any hearing pending before the court, 2) jail personnel or witnesses in the custody of 27
the Sheriff or other governmental agencies, and 3) the custodian of records of any business or 28
governmental entity. 29
To obtain court review, a defendant must submit an offer of proof setting forth 30
the relevance of the testimony of the witness or of the document sought. The offer of proof may be 31
submitted in camera and under seal without serving the opposing party. 32
Violation of Local Rule 8.42(c) may result in the loss of pro per status or pro 33
per privileges. 34
If a subpoena is issued for facility commanders or other Sheriff executives, the 35
Sheriff may substitute officers familiar with jail procedures or specific issues. 36
Any service of subpoenas by the Sheriff must be accomplished through the 37
Sheriff's Civil Division. 38
(3) Motions Concerning Jail Conditions. Before an inmate files a motion or writ with 39
the court complaining of conditions of confinement or alleging violations of jail rules (including 40
alleged violations of this pro per rule), he or she must first file a written complaint with the facility 41
commander, unless it can be shown that substantial prejudice would result. The facility commander 42
must investigate the inmate complaint and within ten calendar days provide the inmate with a written 43
response. 44
If the complaint is not resolved by the facility commander's written response 45
and if the inmate chooses to file a motion or writ, the inmate must attach to any papers filed with the 46
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 8.42 – Staff Edits: 8/1/2016
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court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims 47
that substantial prejudice would result from following the facility complaint procedure, the inmate 48
must submit a detailed statement setting forth the basis for the claim of substantial prejudice. 49
All motions, writs or other requests as described in this paragraph must be 50
served on the Office of the County Counsel, Room 407, Sheriff's Department Headquarters, 4700 51
Ramona Boulevard, Monterey Park, CA 91754. 52
Upon receiving a motion concerning a pro per defendant’s jail conditions, the 53
court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses, direct 54
the inmate's complaint to the Commander in charge of the facility where the inmate is housed for 55
further consideration, or direct the Office of the County Counsel to file an answer. The answer may 56
include recommendations concerning possible resolution. If County Counsel files an answer, the 57
defendant will have an opportunity to file a response. After considering all documents, the court may 58
issue orders without further hearing. 59
(d) Privileges. 60
(1) Library Privileges. The Sheriff must provide and maintain a law library for use by 61
inmates granted pro per status. All pro per inmates are entitled to a maximum of two hours per day 62
of law library access. The law library must operate seven days per week. 63
The Sheriff must maintain a log which shows the time and date each pro per 64
inmate uses the law library. The log must be retained for five years. 65
The Sheriff may designate the time and place of an inmate's law library access, 66
and may assign inmates into groups based upon safety, security, and efficient use of available facilities. 67
It is the inmate's responsibility to avail himself or herself of the law library 68
during his or her scheduled time. The Sheriff may, but is not required to, provide make-up time. The 69
Sheriff is under no obligation to provide any law books, other legal reference materials, or copies 70
thereof to any inmate in his or her living area. 71
An inmate exercising pro per privileges has an affirmative duty to exercise the 72
privileges in such a manner as not to infringe upon the exercise of pro per privileges by other inmates. 73
The use of the library is restricted to legal research and telephone calls directly 74
related to an inmate's case. An inmate violating this section will be orally warned and may be 75
summarily removed from the library for the balance of the particular session. The warning must be 76
documented. Repeated violations will result in further disciplinary action and possible loss of pro per 77
status or privileges. 78
All library law books and source materials must be used in the library and must 79
not be removed. Law library materials found in an inmate's cell are contraband and subject the inmate 80
to discipline. Theft, possession or destruction of law books or source materials from the library will 81
result in discipline and will result in the loss of pro per status or privileges. 82
(2) Library Telephone Privileges. Telephones will be maintained in the library for use 83
during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls 84
made in the law library must be related to the inmate's case. All phone calls are made at the inmate's 85
expense. 86
(3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not 87
provided may be obtained and given to the inmate by a legal runner or investigator. 88
(4) Legal Visits. A pro per inmate may request one person to act as a legal runner. 89
The legal runner must be approved by the Sheriff and may be rejected for security concerns. Inmates 90
granted pro per status must receive extended visitation to confer with a legal runner or witnesses. The 91
legal runner may visit and confer with the inmate during normal hours of inmate visiting for a 92
maximum of thirty minutes each day. The Sheriff may revoke approval of a legal runner’s status for 93
disruptive conduct or violations of security procedures. 94
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COUNTY OF LOS ANGELES
Rule 8.42 – Staff Edits: 8/1/2016
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The court may authorize compensation for the legal runner not to exceed seven 95
dollars per visit to a maximum of $105 per case. 96
A pro per inmate must submit a list of prospective material witnesses to the 97
Sheriff. An inmate may interview listed witnesses during normal visitation. Witness interviews are 98
limited to one per day and 30 minutes in length. 99
Interviews with material witnesses in the custody of the Sheriff or other 100
governmental agencies are only permitted by court order. A pro per inmate must submit to the court 101
a confidential offer of proof as to the anticipated testimony of such witness pursuant to subdivision 102
(b)(2) above. The court may reject a request for an interview if the offer of proof fails to demonstrate 103
good cause for the interview. An interview is limited to 30 minutes. 104
The time allotted for a witness interview will not be extended and cannot be 105
combined with time periods allotted for legal runner visits or regular visits. 106
(5) Legal Materials and Legal Correspondence. A pro per inmate may accumulate 107
legal materials, including reports, notes, court documents, other materials relating to his or her criminal 108
case, and legal correspondence. “Legal correspondence” is defined as any confidential communication 109
between an inmate and any state or federal court, with any attorney licensed to practice law in any state 110
or the District of Columbia, the holder of any public office, the Department of Corrections and 111
Rehabilitation, any facility commander where the inmate may be housed, or the Sheriff. An envelope 112
containing legal correspondence must clearly indicate on the outside that it contains confidential legal 113
correspondence. 114
a) It is the inmate's responsibility to store legal materials within his or her 115
living area in a safe and sanitary fashion. If the accumulated materials jeopardize the safety or security 116
of the facility, the Sheriff may request the inmate to take appropriate remedial action. If the inmate 117
fails to take such remedial action within a reasonable time, the Sheriff may remove excess property as 118
designated by the inmate. Property removed must be stored by the Sheriff on behalf of the inmate or 119
released to any person designated by the inmate. If the inmate fails to designate property to be 120
removed, the Sheriff must apply to the court for an order designating which property is to be stored. 121
b) It is the responsibility of the inmate to keep any legal materials separate 122
and apart from his or her other personal property. The Sheriff may treat any legal materials which are 123
stored with items of personal property such as soap, shampoo, food products, newspapers, and 124
magazines as regular inmate property. 125
c) Legal materials may be searched only in the presence of the inmate. The 126
Sheriff may inspect the materials for contraband, but must not read the contents of the materials. 127
d) Incoming and outgoing legal correspondence may be searched for 128
contraband only in the presence of the inmate. The Sheriff may physically inspect the materials for 129
contraband, but must not read the contents of the materials. 130
e) Upon the transfer of a pro per inmate to another facility, he or she must be 131
allowed to maintain possession of his or her legal material during the transfer. If an emergency requires 132
an inmate's separation from his or her legal material, the legal material must be either sealed and stored 133
in the inmate's name or released to any person designated by the inmate. 134
(6) Legal Supplies. A pro per inmates may use paper, carbon paper, pencils, and 135
erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmate 136
from an outside source through the legal deputy. Items brought to the jail by outside sources are subject 137
to reasonable security checks and restrictions imposed by the Sheriff. 138
No metal fasteners, except staples, of any kind will be permitted. Cord or 139
plastic fasteners may be used to secure pages or transcripts. No ink pens or markers of any type are 140
permitted. Inmates may use one personal typewriter in the Law Library. The typewriter must be 141
manual and will only be admitted to the jail after a security check. The typewriter will remain in the 142
custody of the Sheriff when not in use. 143
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COUNTY OF LOS ANGELES
Rule 8.42 – Staff Edits: 8/1/2016
Page 4 of 5
(7) Indigent Supplies and Funds. Upon order of the court the Sheriff will provide legal 144
supplies to an indigent pro per inmate consisting of one legal tablet, ten sheets of typing paper, one 145
pencil, four sheets of carbon paper, and four envelopes. Indigent supplies will be given weekly. 146
Upon order of the court, the Sheriff will deposit a maximum of $60 in an 147
indigent inmate's jail trust account. These funds may be used for witness phone calls, postage, 148
purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for 149
purchases of legal supplies must be retained by the inmate. Before indigent funds are allowed, the 150
court may require the inmate to expend personal funds he or she has on deposit in his or her jail trust 151
account. 152
(e) Investigators. An inmate may retain the services of a state licensed investigator to assist 153
in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an 154
investigator, the court may appoint a state licensed investigator. 155
An inmate must be permitted to confer with a licensed investigator during the normal 156
hours of visiting. The Sheriff has the discretion to allow this visitation in an attorney room at such 157
time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, an inmate may 158
not use private booths to confer with a licensed investigator. 159
(f) Requests for Additional Privileges or Funds. All requests for additional or special 160
privileges, or treatment different from other pro per inmates, must be filed with the trial court. These 161
requests must be accompanied by an affidavit detailing why the additional privilege or treatment is 162
necessary. Requests for additional funds must be accompanied by a detailed accounting showing how 163
the original funds were expended. 164
(g) Inmate Discipline and Revocation of Pro Per Status and Privileges. A pro per inmate is 165
subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. 166
All reports of inmate discipline must be filed with the court. After reviewing the discipline report, the 167
court may request the Sheriff to apply for an order modifying or revoking the inmate's pro per privileges 168
or status. 169
The Sheriff may apply for an order modifying or revoking some or all of an inmate's 170
pro per privileges or status for cause. Except in emergency situations, pro per privileges must not be 171
revoked or modified as a concomitant of either jail discipline or administrative segregation without 172
complying with the following procedures: 173
(1) The inmate is given notice of the charges upon which the proposed revocation, 174
modification, or administrative segregation is based at least 24 hours in advance of a hearing before 175
the jail’s decision-maker. 176
(2) The inmate is given the opportunity to appear before the decision-maker within 48 177
hours. 178
(3) The inmate is given the opportunity to present witnesses and documentary 179
evidence. The decision-maker may restrict the presentation of live witnesses, if necessary, to preserve 180
the facility’s safety or security. 181
(4) The inmate is given a written statement of the evidence relied upon and the reasons 182
for the action taken. If witness safety or facility security requires, the description of items of evidence 183
maybe redacted from the statement. 184
(5) As soon as practical after the hearing, but in not event later than two court days 185
after the hearing, the Sheriff must notify the court before which the inmate's case is pending of the 186
request to revoke or modify the pro per privileges of the inmate. In circumstances wWhere the inmate 187
is pro per on multiple cases, the notice must list all cases in which the defendant is acting in pro per 188
and must be filed in theeach court handling the pro per matters. This notice must include a copy of 189
the decision-making body’s report and all available discipline reports. Unless the safety of the inmate, 190
the safety of other inmates or of jail staff would be jeopardized, the inmate's pro per privileges must 191
not be revoked or modified until thea court modifies the order granting pro per privileges. To avoid 192
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Rule 8.42 – Staff Edits: 8/1/2016
Page 5 of 5
multiple hearings and possible conflicting results, each judicial officer receiving the request 193
where multiple cases are involved shall notify the Supervising Judge of the Criminal Division, so 194
that he or she can exercise his or her discretion to transfer all of the pro per’s cases to a single 195 judicial officer for the limited purpose of ruling on the Sheriff’s request. In emergency situations 196
the Sheriff may immediately suspend all pro per privileges, provided that the notice given to the court 197
specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff 198
must give notice to theeach court as soon as practical under the circumstances. 199
(6) The court receiving the notice outlined in subdivision (g)(5) shall review the 200
request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any 201
or all privileges that were suspended due to an emergency. The court shall calendar a hearing within 202
a reasonable time. The inmate will be entitled to appear at the hearing and present material and relevant 203
evidence and objections. 204
(h) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The 205
Sheriff may temporarily suspend any or all of an inmate’s privileges based upon a determination by a 206
treating physician or psychiatrist that use of any or all of the privileges afforded pro per inmates will 207
endanger the health and welfare of the pro per inmate, other pro per inmates, or staff. Any temporary 208
suspension under this paragraph may last only as long as the medical or psychiatric conditions require 209
the limitation, and the Sheriff must continue to provide all privileges that medical and/or mental health 210
staff deem consistent with the ongoing care of the pro per inmate. 211
(1) The Sheriff must notify all affected courts in writing of the suspension of pro per 212
privileges, which pro per privileges were suspended, and the reasons for the temporary suspension of 213
pro per privileges. Upon the request of the inmate, the court shall calendar a hearing within a 214
reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and 215
objections as are material and relevant. 216
(2) The fact that a pro per inmate is under medical or psychiatric care does not limit 217
the Sheriff’s rights to proceed under subdivision (g) in circumstances where the inmate has violated 218
jail rules or the provision of these rules. 219
(3) The Sheriff must promptly notify the court in writing upon the restoration of in-220
custody pro per privileges. 221
(i) Pro Per Committee. The Supervising Judge may appoint a committee of judges to act as 222
the Los Angeles County Pro Per Committee within the Criminal Division. The committee shall meet 223
with members of the Sheriff's Department no less than once annually to review, modify or update these 224
rules. 225
(j) Natural Disasters. In the event of a natural disaster or other emergency condition, the 226
Sheriff may temporarily suspend inmate pro per privileges. Notice must be given to the Supervising 227
Judge of the Criminal Division as soon as practical under the circumstances of the disaster. Pro per 228
privileges must resume as soon as possible. 229
(k) Duration of Privileges. An inmate's pro per privileges and status as a pro per defendant 230
terminate upon sentencing. A request for pro per privileges after sentencing must be made to the 231
sentencing court. 232
(l) Withholding Pro Per Privileges Pending Further Order Of The Court. Within five days 233
after receiving information that a defendant has been granted pro per status in a pending case, and that 234
his/her pro per privileges were revoked or modified in another pending case, the Sheriff must provide 235
written notice of the revocation/modification to the judicial officer who granted pro per status. The 236
Sheriff may withhold any additional privileges pending further order of the court. 237
(Rule 8.42 [7/1/2011, 1/1/2014] amended and effective __________) 238
