Judicial Council OKs new rules to reduce jail populations
State legal group also suspends evictions, foreclosures
The California Judicial Council on Monday approved 11 temporary emergency rules, including suspending cash bail for misdemeanors and lower-level felonies to “safely reduce jail populations” and also temporarily suspending eviction and foreclosure proceedings to protect Californians from losing their homes during the COVID-19 pandemic.
The actions, according to a press statement, go into effect immediately and include the following:
• Suspend defaults in eviction cases;
• Suspend judicial foreclosures;
• Allow courts to require judicial proceedings and court operations be conducted remotely, with the defendant’s consent in criminal proceedings;
• Adopt a statewide emergency bail schedule that sets bail at $0for most misdemeanor and lower-level felony offenses;
• Allow defendants to appear via counsel or remote technologies for pretrial criminal hearings;
• Prioritize hearings and orders in juvenile justice proceedings and set a structure for remote hearings and continuances;
• Extend the timeframes for specified temporary restraining orders;
• Extend the statutes of limitations governing civil actions; and
• Allow electronic depositions in civil cases.
Monday’s was the second emergency council meeting of court and branch leaders from around the state to consider further measures to ensure California courts — which remain open as “essential services” under Gov. Gavin Newsom’s stayat-home executive order — can meet strict health directives while also providing due process and access to justice.
“We are at this point truly with no guidance in history, law, or precedent,” Chief Justice Tani CantilSakauye, chair of the council, said in the prepared statement. “And to say that there is no playbook is a gross understatement of the situation. In developing these rules, we listened to suggestions from our justice system partners, the public, and the courts, and we greatly appreciate all of the input. Working with our court stakeholders, I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice. It’s truly a team effort.”
The council received and considered more than 100 written comments on the new rules from judges, public defenders, district attorneys, law enforcement, legal aid and advocacy groups, unions, attorneys, court reporters, interpreters and other justice system partners.
Besides Cantil-Sakayue, the council includes 14 judges appointed by the Chief Justice; four lawyer members appointed by the State Bar; one member from each house of the state Legislature; and the administrative director, who serves as secretary.
The council previously approved a number of temporary measures at its first emergency meeting on March 28, giving courts the flexibility to continue to provide essential services to the public while protecting health and safety during the pandemic.
Those temporary measures — extended 90 days after the COVID-19 state of emergency is lifted to help alleviate backlogs — included the following:
• Extend the 10-court-day period for holding a preliminary hearing hearing and the defendant’s right of release to 30court days;
• Extend the time period in which a defendant charged with a felony offense shall be taken before a judicial officer from 48 hours to not more than seven days;
• Extend the time period for holding a criminal trial by more than 30 days; and
• Extend the time period to bring an action to trial by more than 30 days. In addition to temporarily extending legal deadlines, the council also directed the superior courts to:
• Make use of technology, when possible, to conduct judicial proceedings and court operations remotely. This includes the use of video, audio, and telephone for remote appearances, reporting, and interpreting in judicial proceedings, the electronic exchange and authentication of documents in evidence, and the use of e-filing and e-service; and
• In criminal and juvenile proceedings, including arraignments and preliminary hearings, prioritize use of technology to ensure defendants are not held in custody, and children are not held in custody or removed from the custody of their parents or guardians, without timely due process of law or in violation of constitutional rights.