Local Rules of Court

San Francisco Superior Court

Rule 16

Rule 16 - Criminal Division 16.0 Criminal Departments. The Presiding Judge must designate the departments to hear criminal matters. A. The criminal division of the Courts consists of the felony and misdemeanor trial courts and the preliminary hearing courts. B. The criminal division must include a master calendar department which must assign all felony trial matters and such other criminal matters as the presiding judge must direct. C. The criminal division clerk’s office is located at the Hall of Justice, 850 Bryant Street, San Francisco, California, Room 101. General Proceedings A. Court Sessions. The time for conducting sessions of the criminal court departments will be established by the Presiding Judge. B. Posting Calendars. Calendars for the criminal division departments are posted outside of Room 101 and the calendar for each criminal division department is posted outside such department. C. Compliance. Compliance with the California Rules of Court, Local Rules of Court, and applicable provisions of law is required. D. Local Rules. A copy of the Local Rules of Court is on file in the criminal division court clerk’s office and the traffic court clerk’s office and is available on line at www.sfgov.org/courts.

16.1

16.2 Filings. All filings except writs must be made in Room 101. Writs must be filed in the appropriate court pursuant to rule 16.11 and 16.12. 16.3 Continuances. A. Counsel must consider trial dates to be fixed obligations and must be prepared to commence trial when scheduled. No case will be continued without good cause demonstrated in accordance with Penal Code §1050. Neither the convenience of the parties nor a stipulation of the parties alone is good cause for a continuance. B. If, on the date set for trial counsel is actually engaged in the trial of another case, the case scheduled for trial will be continued from day to day until completion of the trial of the other case or until the Court determines that trial should proceed. C. Motions for continuances of trials or other matters must be made in writing and noticed for hearing in felony cases: in the criminal division master calendar department at 9:00 a.m on any court day and in misdemeanor cases and preliminary hearing cases: in the assigned department in accordance with its calendar procedures. Such motions must be supported by appropriate affidavits or declarations, which must include the date the complaint and/or information was filed, and the number of continuances previously granted and at whose request. Oral motions for continuances will not be considered in the absence of extraordinary circumstances. Pretrial Conferences. A. Policy of the Court. It is the policy of the Court to hold meaningful pretrial
149

16.4

Local Rules of Court

San Francisco Superior Court

Rule 16

B.

C.

D.

conferences for the purpose of facilitating the orderly disposition of cases, by trial or otherwise. Accordingly, counsel are expected to prepare for and actively participate in pretrial conferences. Scheduling. A pretrial conference must be scheduled by the master calendar department in every felony trial matter. Pretrial conferences may be scheduled in any other case at the discretion of the Court to which the matter is assigned. Matters to be Discussed. Counsel must be prepared at the pretrial conference to discuss any matter relating to the disposition of the case, including but not limited to, trial or hearing readiness, estimated length of the trial or hearing, identity of anticipated witnesses and the substance of their testimony, special problems, and whether a disposition without trial or hearing is feasible under the facts of the case and the law. Hearing on all motions. In order to facilitate meaningful pretrial conferences and reduce unnecessary court appearances, all pretrial motions must be heard and determined at the time of the pretrial conferences.

16.5 Jury Instructions. Jury instructions must be submitted in accordance with the requirements set forth in CRC §2.1055 and §2.1050. 16.6 Transcripts in Criminal Proceedings. In any criminal proceeding where a defendant or defendant’s counsel requests a transcript at court expense, the request must be submitted to the judge before whom the matter was heard. The request must be accompanied by a declaration under penalty of perjury indicating that the defendant is unable to pay for the cost of the transcript, along with the legal reasons the transcript is necessary, as well as the proposed order for production of the transcript. In every case where a transcript is requested by a member of the Office of the Public Defender the Court directs that the public defender must first seek funding from its own budget before requesting a Court order for such funding at public expense. Further, if such funding is not available from the budget of the Office of the Public Defender any request must comply with the requirements set forth above and must show by declaration or affidavit that no such funding is available. (See People v. Hayden, (1994) 22 Cal.App.4th 48, 56.) 16.7 Withdrawal as Attorney of Record. An attorney retained or appointed to represent a client in a criminal proceeding must not be relieved from such representation except by order of the Court either upon a timely motion or by the consent of the defendant. 16.8 Discovery. A. Discovery Requests. 1. Discovery in criminal cases is governed by Penal Code §1054 et seq. At the time of the defendant's first appearance on a felony trial or misdemeanor trial matter, an informal mutual request for continuing discovery is deemed to have been made. Disclosures required by Penal Code §§1054.1 and 1054.3 shall be made not later than the pre-trial conference. 2. Discovery material provided to the opposing side, including documents, photographs, audio or video tape recordings, must be recorded in a receipt
150

Local Rules of Court

San Francisco Superior Court

Rule 16

B.

C.

D.

retained by the party providing the discovery and signed by the opposing side, setting forth the specific items provided and the date they were provided to the opposing side. Motions to Compel Discovery. 1. Upon receipt of any written informal request, the receiving party must respond by providing the information requested, or by specifying in writing the items the party refuses or is unable to produce and the reason for the refusal or inability, or by seeking a protective order. 2. A party may seek discovery by making a request, in compliance with Penal Code §1054.5(b). The receiving party must respond by providing the information requested, or by specifying in writing the items the party is refusing or unable to produce. The response must specify the reason for the refusal or inability to produce, or protective order sought. 3. A noticed motion brought in accordance with Local Rule 16.9 may be made to compel discovery under Penal Code §1054.5(b). The motion must be supported by a declaration by counsel, setting forth the previous oral and written requests to obtain discovery, and specifying the items not disclosed in response to requests. Pitchess Motions – Evidence Code 1043. All motions for discovery of peace officer personnel records pursuant to Evidence Code §1043 must conform to the notice requirements of CCP §1005. The motions are calendared in Department 30 at 9 a.m. Subpoenas Duces Tecum 1. Records obtained by subpoena duces tecum must be subpoenaed to the Court. Records shall not be released to the parties without an in camera examination or stipulation by the parties. A stipulation must specify what records are being released. 2. Records subpoenaed by a defendant shall not be released to the prosecution except by stipulation of defense counsel.

16.9

Motions. A. Unless otherwise authorized by law, all pre-trial motions must be filed within sufficient time to be heard and determined at the pre-trial conference or they will be deemed waived. B. Motions relating to pending information, indictments or misdemeanor complaints and all supporting papers must be filed and served at least 15 calendar days before the date of the hearing, unless otherwise required or authorized by law. All other motions and supporting papers, including those relating to pending felony complaints, must be filed and served at least 10 calendar days before the date of the hearing, unless otherwise required or authorized by law. All papers opposing the motion must be filed at least 5 calendar days and all reply papers at least 2 Court days before the time appointed for hearing, unless otherwise required or authorized by law. All filings must include 2 courtesy copies.

151

Local Rules of Court

San Francisco Superior Court

Rule 16

Below are filing deadlines for certain motions: Penal Code §1538.5 motion to suppress Motion at preliminary hearing Opposition Special hearing in felony Opposition Penal Code §995 motion to dismiss Motion to sever/consolidate Evidence Code §1043 (Pitchess) discovery Opposition Reply Motion to recuse counsel Motion to release on bail before sentencing Motion to release on bail after sentencing Motion to compel discovery Motion to continue Motion to recall bench warrant Motion to amend information or indictment Motion to modify probation Motion to substitute or withdraw as counsel Motion to declare a conflict C.

5 court days 2 court days 10 court days 2 court days 15 calendar days 15 calendar days 16 court days 9 court days 5 court days 10 court days 2 court days 5 court days 3 court days 2 court days 2 court days 2 court days 2 court days 2 court days 2 court days

D. E. F. G.

All motions must be accompanied by supporting points and Authorities that must include: 1. a brief statement of the facts and a specification of the charged offenses; 2. a statement of the issues involved in the motion; and 3. a clear and concise recitation of the authorities relied upon. 4. Where materials in the record of the case are relied upon, references thereto must be specified. References to any transcribed proceeding must designate the date and nature of the proceeding and cite the page and line of the reference. Points and authorities must not exceed 15 pages. On application, the Court may permit additional pages upon good cause shown. A copy of any document or pleading that is referenced in a motion, other than a court transcript, must be attached to the motion. To the extent practicable, multiple motions relating to the same case must be filed and heard at the same time. The form and format of all papers must comply with the California Rules of Court. See especially CRC §§2.100-2.119, 3.1110-3.1113.

16.10 Penal Code §1538.5 Motions. A. Motions pursuant to Penal Code §1538.5 must describe and list the specific items of evidence which are the subject of the motion for the return of property or to suppress as evidence; must specifically state the legal basis which will be relied upon and urged for the return of property or suppression as evidence; and must
152

Local Rules of Court

San Francisco Superior Court

Rule 16

B.

C.

D.

E.

F. G.

cite the specific authority or authorities which will be offered in support of the legal basis upon which the return of property or suppression as evidence is urged. Motions presenting issues of fact must be supported by affidavits or declarations which must set forth with particularity the material facts. Such affidavits and declarations must set forth the factual basis that demonstrates why the motion should be granted. Declarations must be based upon personal knowledge of the declarant, or upon reports containing statements of persons with personal knowledge that the declarant believes to be true. (See Penal Code §1538.5(a)(2).) Upon a review of the pleadings and any affidavits or declarations from either side presenting material issues of fact, the Court may rule upon the motion based upon the pleadings, affidavits or declarations. If such pleadings, declarations or affidavits raise no disputed material issue of fact, the Court may grant or deny the motion without requiring either side to present any further evidence. The Court may, if it determines it to be necessary, set a hearing to receive further evidence on any issues of fact necessary to determine the motion. If the motion relates to a warrantless search, the prosecution’s response must include points and authorities concerning justification for the seizure and may include affidavits or declarations on any material issue of fact raised by the defendant’s affidavits or declarations. Motions to suppress evidence in preliminary hearings must be filed and served in accordance with the timelines specified in Penal Code §1538.5 (f) (2) and any amendments thereto. Harvey-Madden Notice. Whenever there is an issue in a motion with regards to either: (1) People v. Harvey, (1958) 156 Cal. App. 2d 516, People v. Madden, (1970) 2 Cal.3d 1017, and their progeny, or (2) the existence of an arrest warrant (People v. Romanoski (1984) 157 Cal. App. 3d 353, 360), counsel must so indicate in the notice of motion and the memorandum of points and authorities. Motions to traverse must be brought before the judge or magistrate who signed the search warrant that is the subject of the motion. In the event the People file an opposition to a motion to suppress or motion to traverse, the defense must file a reply to the opposition no later than two (2) Court days prior to the hearing.

16.11

Writs of Habeas Corpus. Pursuant to CRC §4.552, petitions for writs of habeas corpus must be filed and presented as follows: A. Matters relating to all criminal proceedings must be presented to the judge of the felony criminal division master calendar department. B. Matters relating to the juvenile court must be presented to the supervising judge of the family law division. Writs Other Than Habeas Corpus. Petitions for writs in criminal proceedings, other than habeas corpus, must be filed as follows: A. Petitions for writs of mandate or prohibition in misdemeanor and infraction cases must be filed in the appellate division of the Superior Court. [CCP §§ 1085, 1103] B. Petitions for writs of mandate or prohibition in felony cases must be filed in
153

16.12

Local Rules of Court

San Francisco Superior Court

Rule 16

C.

the District Court of Appeal. Petitions for writs of error coram nobis must be presented to the judge of the felony criminal division master calendar department.

16.13 Criminal Division Master Calendar Arraignments. Upon conclusion of the preliminary hearing for those persons held to answer, the matter will be certified to the criminal division master calendar department. 16.14 Trial Calendar. The felony trial calendar for each week must be called in the courtroom of the criminal division master calendar judge at 9:00 a.m each Friday and such other days and times as such judge must designate with the approval of the Presiding Judge. 16.15 Daily Calendar. All other felony matters will be called no later than 9:00 a.m daily, or such other times as the criminal division master calendar judge may direct with the approval of the Presiding Judge. 16.16 Felony/Misdemeanor/Infraction Bail Schedules. A. The Court must regularly maintain bail schedules available from the clerk of the court, and available online at www.sfgov.org/site/courts. B. The uniform countywide bail schedules adopted pursuant to Penal Code §1269b(c) and (d) are in effect on the date adopted by the judges. C. The above uniform countywide bail schedules will be annually revised and adopted, and effective on the date of approval by the judges as provided by law. 16.17 Bail Setting and Rehearing. Any person requesting a bail reduction or increase must disclose to the Court all other applications, by any person, that have been made before the present request, including to whom such application was made and what the ruling was on any prior request(s). A. When bail has been set, requests for the increase or reduction of said bail must be made to the judge who set such bail, except: 1. Bail Set Ex Parte. Bail set ex parte by any judge of this Court must be subject to modification by the judge before whom the defendant appears for arraignment. 2. Hearings in Criminal Proceedings. (a) A judge or magistrate presiding over a preliminary examination or trial may, in that judge’s discretion, after receipt of new evidence, modify the amount of bail then set. (b) A judge or magistrate hearing a criminal matter may, upon motion of either the defendant or the People, modify the amount of bail then set in accordance with applicable provisions of the Penal Code. 3. Change of Plea. Upon defendant’s change of plea to guilty or no contest, a Judge before whom such plea is entered may, in the judge’s discretion, with or without motion of either the defendant or the People, modify the amount of bail.

154

Local Rules of Court

San Francisco Superior Court

Rule 16

16.18

Bench warrants: felony trials and felony probation matters. Upon the return of a bench warrant issued in a felony trial or felony probation matter, the action is restored to the Master Calendar. The action will be calendared by the next Court day after the warrant is received in the criminal court clerk’s office, Room 101, provided the warrant is received no later than 3:00 a.m on the day the warrant is to be calendared.

16.19 Court-Appointed Attorney Compensation. A. Policy. The Court will appoint private counsel or the Public Defender in cases where the attorney has the requisite legal ability and diligence to represent a given defendant who is eligible for such services as set forth in The San Francisco Superior Court Guidelines for Determination of Financial Eligibility for Appointment of Counsel and Ancillary Services in Adult Criminal and Juvenile Delinquency Cases effective January, 2004. A copy of these Guidelines immediately follows this rule. Counsel accepting appointment will be required to agree to and adhere to the following policies and fee schedules. B. Compensation. The compensation of private counsel appointed by the Court to represent indigent defendants must be fixed by the compensation schedule set by the judges of the Court and set forth in the current Policies and Procedures Manual including all amendments. All requests for payment must be directed to the Bar Association of San Francisco (BASF). The current Policies and Procedures Manual may be found at the Bar Association site as follows: www.sfbar.org, Lawyer Referral Service-Conflicts Program-Indigent Defense Administration Program-IDA Forms and Publications Library. C. Excess Attorney’s Fees. In the case where the appointed counsel claims that counsel is entitled to compensation in excess of the scheduled amounts, the attorney may apply to the Court and present proof to support the claim. The compensation must thereupon be fixed in accordance with the proof and the judge’s discretion. D. Expenses-Prior Approval Required. Expenses such as, but not limited to, expert witness or investigator costs, reasonably necessarfy for private counsel to represent a client must be reimbursed by the Court only if a written order of the Court has been previously obtained authorizing such amount, except expenses otherwise authorized by the Policies and Procedures Manual. 1. Counsel incurs unauthorized out-of-pocket expenses at counsel’s risk. 2. It is the responsibility of counsel to inform persons retained about the Court’s policies regarding fees and filing procedures. E. Submission. Claims for payment of services rendered must be submitted in accordance with the regulations detailed in the Policies and Procedures Manual and all amendments. F. Format. Claims for compensation of attorneys’ fees and expenses must be made following a format set forth in the Policies and Procedures Manual and all amendments. Counsel must set forth with particularity the nature of the services performed and are expected to make available time sheets or other documentation if requested by the Court or by any entity or person authorized by the Court to review such fee requests.

155

Local Rules of Court

San Francisco Superior Court

Rule 16

GUIDELINES FOR DETERMINATION OF FINANCIAL ELIGIBILITY FOR APPOINTMENT OF COUNSEL AND ANCILLARY SERVICES IN ADULT CRIMINAL AND JUVENILE DELINQUENCY CASES. POLICY: An indigent defendant has a right to have counsel appointed at public expense when a felony or a misdemeanor is charged. Tracy v. Municipal Court (1978) 22 Cal 3d 760,766; Mills v. Municipal Court (1973) 10 Cal 3rd 288, 301. See also: Penal Code §§ 859, 987. Juveniles enjoy the same right. In re Kevin G. (1985) 40 Cal 3d 644. (And see: Government Code § 27706 regarding the duties of the Office of the Public Defender.) Whether the office of the Public Defender, private counsel or an ancillary service is appointed, these guidelines are applicable. PROCEDURE: Determining Financial Eligibility/Standard Test The standard test for financial eligibility for the appointment of counsel is whether or not a private attorney would be interested in undertaking representation of the client, given the applicant’s present economic circumstances. This test was approved by the California Supreme Court in In re Smiley (1967) 66 Cal.2d 606, 620, citing Note, Representation of Indigents in California, 13 Stan L.Rev. 522, 546. The Court acknowledged that the test lacked precision but doubted that a more precise test could or should be formulated. Many factors impact on the Court’s decision at the time of appointment. The extent of [the defendant’s] debts is relevant because a determination of indigency is to be made on the basis of as complete a financial picture, as it is feasible to obtain in the circumstances. We recognize that in trial courts with heavy caseloads the inquiry will normally be a cursory one, and that most judges will accept a defendant's assessment of his ability to retain his own counsel. (See Notes, 76 Harv.L.Rev. 579, 585-588, 13 Stan.L.Rev.522, 546-547.) …[F]airness requires that consideration be given not only to the defendant's assets but also to such countervailing factors as the nature and extent of his outstanding debts, the encumbrances on his home or car, the number and age of his dependents, and any preferred charges such as child support or alimony. (See People v. Ferry (1965) 237 Cal.App.2d 880, 887 [47 Cal.Rptr. 324]; Williams v. Superior Court (1964) 226 Cal.App.2d 666, 672-673 [38 Cal.Rptr. 291].) Even after such a balancing of accounts is made, however, it remains impractical for an appellate court to prescribe a specific maximum amount of net liquid assets a defendant will be allowed to possess and still claim indigency for the purpose of court appointment of counsel, for the cost of legal representation will vary according to the standards of the community, the
156

Local Rules of Court

San Francisco Superior Court

Rule 16

complexity of the case, and the expenses necessary for defense. It may well be that no more precise definition can or should be formulated than that derived from a recent statistical study, i.e.,"in essence the test applied is whether or not a private attorney would be interested in representing the defendant in his present economic circumstances." (Note, 13 Stan.L.Rev. 522, 546). In re Smiley, supra at pp. 619-620 I. Application of the Standard Test Application of the standard test of financial eligibility requires careful inquiry regarding an applicant’s financial situation, including assets, debts, and minimal subsistence requirements. Assets - Assets include any cash or income, or any property (real or personal), or a reasonable expectation of same, which might reasonably provide a source of payment or attorney fees. Income - income includes such things as salary, vacation pay, disability and veterans’ allowances, social security payments, pensions, annuities, union vacation trust funds, and trust fund payments. Real Property - Real property includes any interest, present or future, in any land, farm, ranch, house or other building. Personal Property - Personal property includes any stocks, bonds, insurance (convertible to cash), jewelry, cameras, musical instruments, motor vehicles (cars, motorcycles, trucks, boats, and airplanes), etc. Reasonable Expectation - A reasonable expectation of income or property includes recoveries from lawsuits, inheritances, worker’s compensation awards, income tax refunds, etc. Debts - All legally enforceable obligations existing against the person must be considered in appraising ability to employ counsel. However, existing debts are not to be regarded as having greater urgency than the necessity for payment of fees or legal services, with the exception of certain preferred charges such as child support, alimony, or debts approved as part of a court-ordered wage-earner plan. Minimal Subsistence - The reasonable costs of providing necessary food, clothing, shelter and medical care for an applicant and his or her dependents should be taken into consideration in determining financial eligibility. II. Other Considerations Seriousness of the Charges - In applying the general test of financial eligibility,
157

Local Rules of Court

San Francisco Superior Court

Rule 16

consideration must also be given to such factors as the seriousness of the charges, the complexity of the case, the expenses necessary for defense, and the standards of the community for cost of legal services. Sympathy or Bias - In no event should eligibility determinations be influenced by sympathy for or bias against an applicant or his or her case. Nor should personality conflicts with the applicant enter into the determinations. Merits of the Case - In no event should the supposed merit of a case, its public interest, or the probability of a successful defense enter into the determination of eligibility. Custody – Though a person in custody may be presumptively eligible for appointed services of counsel or others at public expense, the Court may make inquiry of incustody applicants. The Court may question the applicant in open court as to employment status or financial ability to pay for counsel. The Court, if convinced that the individual may have the means to hire private counsel, can then request that the incustody applicant fill out the financial statement required of all out-of-custody applicants. Income that an In-Custody applicant would normally earn as a result of personal employment when he or she is out of custody should not be considered in determining present eligibility. Income received by a spouse or from sources other than personal employment of an In-Custody applicant (e.g. trust fund payments or the earnings of a spouse) should be considered in determining eligibility, as should assets or rights that may be readily convertible to cash. Assets of parents are discussed hereinafter. Bail - It is improper to reject an applicant as financially ineligible simply because he or she has obtained release from custody on bail. (See Williams v. Superior Court (1964) 226 Cal.App.2d 666.) Spouses - The financial condition of a married applicant’s spouse is relevant and should be ascertained and considered in determining the financial eligibility of the applicant. Thus, for example, if an unemployed, otherwise eligible married applicant applies for representation but his or her spouse has sufficient income or assets, the applicant should be found ineligible. The assets of a separated spouse who is estranged or is the complaining witness against an applicant should not be considered in determining financial eligibility. Community property not immediately accessible to the person cannot be considered in assessing his or her eligibility. Minors - When a minor (a person under the age of eighteen years) appears before the Juvenile Court or is transferred to the adult courts after a finding of unfitness by the Juvenile Court, the financial condition of the parents becomes relevant and a financial application should be taken in such cases. Parents of such minors are legally responsible for the minor’s necessities. Since legal expenses are considered a necessity, the financial ability of parents to afford attorney fees for their minor children must be ascertained in determining the financial eligibility
158

Local Rules of Court

San Francisco Superior Court

Rule 16

of a minor for representation. If a minor has been emancipated (e.g., by self-employment and residence away from his or her parent’s home, or by marriage) then the parents’ financial condition will not be relevant. Persons over eighteen years of age are considered adults and parents are not legally liable for their necessities. Welfare/Public Assistance - Any applicant receiving any kind of welfare/public aid that constitutes a major portion of his or her subsistence is presumptively eligible for representation. “Welfare/public Aid” is specifically defined to include aid to needy children, to the blind and to the handicapped. It is broadly defined to include any assistance that is administered by or through any Department of Social Services. Motor Vehicle Assets - In recognition of the fact that in today’s society an adequate means of transportation is a necessity for both work and family, ownership or equity in a car or other motor vehicle will not disqualify an applicant except in situations that there is sufficient equity in a vehicle so that, if sold, the applicant would realize sufficient funds to (1) secure an alternative means of transportation and (2) hire a private attorney. Home Ownership - As indicated by the homestead exemption, it is the general policy of state law to encourage and protect home ownership. Therefore, home ownership, in and of itself, does not make an applicant financially ineligible. The state policy of protecting home ownership would mitigate against requiring the applicant to take a mortgage to hire an attorney if it would result in the applicant losing the home because of the inability to make the mortgage payment. For example, if an applicant has a fully paid for house and a small income, he or she would still be eligible. However, if the applicant-homeowner’s income is sufficient to absorb a monthly mortgage payment then the applicant should be considered ineligible. Student Aid - Funds provided by student loans, grants or other forms of student aid should not be included in determining financial eligibility. An applicant’s ability to continue his or her education should not be jeopardized by compelling him or her to use such funds to hire an attorney. Pension Rights - If an applicant has pension rights that can only be converted to cash if he or she terminates employment, such rights should not be considered as a basis for ineligibility. Income Tax Refund - An income tax refund should be considered a readily available asset. Inheritance - If the applicant has an interest in a decedent’s estate and that interest is
159

Local Rules of Court

San Francisco Superior Court

Rule 16

readily convertible to cash, it should be considered as an asset of the applicant. Such an asset should be used in determining the applicant’s financial situation. Insurance with Loan Value - If the applicant possesses an insurance policy with a loan value, funds that he or she may borrow against such a policy shall be considered an asset and used in determining the applicant’s eligibility. Resources of Others - The resources of other persons such as friends or relatives are irrelevant to the determination of the applicant’s eligibility. Such persons have no legal obligation to provide funds for counsel. Written Financial Statement Prior to any appointment of counsel or ancillary services, the applicant must complete, and the Court must review, a completed financial statement A written financial statement, signed under penalty of perjury, is required from each outof-custody person requesting representation by the Office of the Public Defender, private counsel pursuant to Harris or ancillary services. The financial statement is to be taken on a printed form provided for that purpose. In-custody individuals may be directed to complete a financial statement where the Court concludes, based upon inquiry of the applicant that the applicant’s or spouse’s income and/or holdings, or other financial information, suggest the applicant may not qualify for appointment of counsel. If application is made for the appointment of counsel at the time of arraignment and no conflict of interest has been declared by the Office of the Public Defender, the aid of the Office of the Public Defender may be required for applicants needing assistance in completion of the form. If the Public Defender has declared a conflict and/or the applicant is seeking a Harris appointment, counsel seeking a Harris appointment must submit a form completed by the applicant. Moreover, if counsel for the defendant is retained by a third party, but appointment of ancillary services is requested, the applicant must complete the financial statement form. Each applicant is advised that the financial statement is confidential and privileged and is not admissible as evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. Each applicant shall also be advised that at the conclusion of the case, the application and its contents may be disclosed to the Court solely for the purpose of aiding the Court in making a determination of the person’s ability to pay for appointed services pursuant to Penal Code §987.8.

160

Local Rules of Court

San Francisco Superior Court

Rule 16

V. Referral of applicant seeking private counsel
Where the Court either denies or questions the applicant’s eligibility, the matter shall be continued to provide the applicant with a meaningful opportunity to secure private counsel of his or her own choosing. In cases where the Court believes the applicant may be only marginally eligible for appointed services, an opportunity to seek private counsel is particularly important if the applicant is to make further application to the Court, given the Supreme Court’s test which gives consideration to a private attorney’s interest in undertaking representation. Should the applicant need assistance in locating counsel, the Court or the Office of the Public Defender may refer the applicant to the Lawyer Referral and Information Service of the Bar Association of San Francisco (LRIS/BASF). LRIS/BASF maintains a list of attorneys, called by rotation, all of whom meet the same experience required of the Criminal and Delinquency Conflicts panels. LRIS/BASF will supply the Court with referral information. Neither the Court nor the Office of the Public Defender or any other officer or member of the Court shall refer an applicant to any particular attorney or provider of services. [End of Guidelines]

16.20 Fee Hearings. In every case where the Court has appointed counsel to represent a defendant unable to afford the cost of retaining an attorney the Court shall conduct a fee hearing as provided by Penal Code §987.8. The Court shall utilize the fee schedule adopted by local rule in making a fee determination unless there is good cause to deviate there from. A copy of the schedule follows.

INDIGENT FEE REIMBURSEMENT SCHEDULE Adopted July 2004 This fee schedule provides recommended fee amounts for persons represented by the Public Defender or the Conflicts Panel. The Court has the discretion to set higher fees. These fees will be imposed by the Court at the conclusion of the case if the Court has determined that the person has the ability to pay. Cases involving insubstantial or brief representation will not be subject to a fee. If the Court enters a fee order, the person will be referred to the Treasurer’s Office for payment and given payment instructions.

MISDEMEANOR CASES Case resolves prior to trial Case proceeds through trial $200 $500 up to $1,000 (depending on complexity of case)
161

Local Rules of Court

San Francisco Superior Court

Rule 16

FELONY CASES Case resolves prior to preliminary hearing Case proceeds through preliminary hearing Case proceeds through trial $200 $200 up to $500 $1,000 up to $2,500 (depending on complexity of case)

JUVENILE CASES Case resolves prior to trial Case proceeds through trial $200 $500 up to $1,000 (depending on complexity of case)

16.21. Redaction of Police and Related Reports. Any person attaching a police report, an arrest report, or investigative report to any document or motion filed with the Court for any purpose must redact the information listed below. Such redaction must be done before it is submitted to the Court. Failure to so redact shall be grounds for the Court’s refusing to accept or file the document or report. Any document or report that is refused for filing for failure to comply with this order is not considered filed for the purpose of a filing deadline. The information that must be reacted is: driver license and identification card numbers; dates of birth; social security numbers; names and birth dates of victims and witnesses; addresses and phone numbers of victims and witnesses; financial institution account numbers and credit card numbers. 16.22. Confidential and Sealed Material in Court Dockets. Any confidential information that is submitted to the Court and made part of the court record must be filed in a separate envelope in the docket and must be marked “CONFIDENTIAL.” Documents sealed by order of the Court will be handled in accordance with CRC §2.400-2.834 et seq. No envelope containing confidential or sealed material may be opened by anyone except a judicial officer or appropriate court personnel. Confidential material may be provided to the defendant’s attorney of record as authorized by a Court order.

Rule 16 amended effective January 1, 2006; adopted July 1, 1998; amended effective January 1, 2000; amended effective January 1, 2003.

162