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Chapter 6 (Rules 6.00 to 6.20): where a defendant has been held to answer on felony charges following a preliminary examination or has waived a preliminary hearing, the court to seek a stipulation that the complaint or amended complaint be deemed the information filed forthwith (6.00); no matters continued unless approved by the court for good cause, strict compliance with Penal Code section 1050 required (6.01); a privately retained attorney not to withdraw unless authorized by order of the court, pursuant to the consent of the defendant, or following a hearing on a duly noticed and timely motion (6.02); pretrial motions, including demurrers, may be made after arraignment on the information (6.03); a law and motion matter set by a noticed motion, by court order upon oral request in open court, or by an Ex Parte Application to set matter on calendar and Proposed Order on the form available on the Court’s website, notice provided to the opposing party no less than twenty-four (24) hours prior to the hearing during regular business hours, the date and time of hearings set by the clerk, initial moving papers filed with the clerk before a matter is calendared, documents required to be kept confidential to contain “CONFIDENTIAL” in bold caps directly beneath the document title and filed under seal under rule 2.551, no police, arrest or investigative reports submitted with the “confidential personal information” of victims or witnesses (Penal Code section 964) - declarations from law enforcement officers devoid of this information, or redacted copies attached to a declaration -, information supplied to the Probation Department in the defendant’s interview confidential with its exceptions, failure to serve and file opposition, in the court’s discretion, deemed a forfeiture of any objections and an admission that the motion is meritorious, opposition and reply papers served so as to be received by opposing counsel within twenty-four (24) hours of filing, service by U.S. mail deemed five (5) calendar days after the posting, and paragraphs (A) through (D) do not apply to motions for continuance (6.04); citations to all authorities to conform to the CALIFORNIA STYLE MANUAL, and a copy of authority from a foreign jurisdiction attached to the motion (6.05); in felony and misdemeanor cases, all motions in limine, extraordinary or complex trial motions and motions requiring live testimony in writing with a supporting memorandum of points and authorities, served and filed no later than the date of the Trial Readiness Conference (TRC) (6.06); the court, in its discretion, may order the matter off calendar when a moving party fails to appear, and a moving party with an unavoidable scheduling conflict may avoid having the matter dropped by calling the court prior to the scheduled hearing (6.07); the moving party may withdraw a motion from calendar up to forty-eight (48) hours before the calendar appearance date by filing a written notice to the court and all parties (6.08); motions requiring the testimony of witnesses, including motions to suppress evidence, set for an evidentiary hearing only on a date as selected by the court with both sides present (6.09); an informal request for continuing discovery deemed made at the defendant’s first appearance on a felony or misdemeanor matter for all materials required to be disclosed by Penal Code section 1054.1 and the state and federal Constitutions, including exculpatory information (Brady v. Maryland), the prosecuting attorney’s written receipt showing the date of compliance with a written notice that either an informal request is made under Penal Code section 1054.3 or that no informal request is being made, and the receiving party to respond by providing the information or specifying the items the party refuses to produce and the reason (6.10); all discovery material provided to the opposing side described and listed in a document retained by the party providing it, with the date each item was provided (6.11); an informal request for the particular items sought before a formal discovery motion, and a formal motion to compel supported by a declaration of facts showing the failure to comply (6.12); on the booking of any person into the county jail other than pursuant to an arrest warrant, the arresting agency to present a declaration establishing probable cause to a judge, on a form approved by the court (6.13); applications for temporary release from custody made to the sheriff and not to the court, except the applications made to the court to produce an inmate to testify or appear in a civil matter, for removal for medical or surgical treatment (Penal Code section 4011), for commitment to a mental facility (Penal Code section 4011.6) and for removal for mental health services (Penal Code section 4011.8) (6.14); any sentencing order requiring community service administered through the probation department (6.15); a Standing Income Deduction Order in any case in which the court orders restitution and an income deduction (Government Code section 13967.2) - the matter referred to the Probation Department for an evaluation and recommendation, a hearing if the defendant does not consent to the amount, the order stayed until the Probation Department determines that the defendant has failed to meet the obligation and to provide good cause within five (5) days of its request, a hearing to contest the enforcement if the defendant applies within fifteen (15) days, and notice of any change of payor or of address within seven (7) days (6.16); the parties to submit proposed jury instructions in a condition to go to the jury no later than the date of the Trial Readiness Conference (TRC) (6.17); following the Trial Readiness Conference, only a plea of guilty or no contest to all counts accepted, except counts pled in the alternative or a lesser-included count (6.18); the limitations of Penal Code sections 1192.6 and 1192.7 and People v. Clancy strictly adhered to in plea-bargaining (6.19); and Ancillary Defense Expenses, the reasonably necessary expenses incurred in defending self-represented persons who are indigent, with prior approval by Court order and under the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures - initial applications by ex parte motion to the clerk for review by the Presiding Judge or designee, with the Defendant’s Financial Statement (Local Form CRIM-230) and a declaration of the circumstances, the status of the case, the specific purpose and each service provider’s name, hourly rate and maximum amount, marked "Confidential", the Court to select an investigator from the rotational investigator list when the defendant has not suggested one, fees within the rates and limits of the appointed Services Fee Schedule, and transcription services at the lowest commercially-available rate (6.20).
CHAPTER 6 – CRIMINAL 6.00 Arraignment Where a defendant has been held to answer on felony charges following a preliminary examination, or where a defendant has waived a preliminary hearing, the court will seek a stipulation that the complaint or amended complaint be deemed the information filed forthwith. The defendant may then be arraigned on the information. (Effective 1/1/95; Amended 1/1/00; Am
Reviewer note: Composed 2026-10-12 (California T4 Amador build 2026-10-12) from BenchPath custody ca/t4/ca-amador/docs/local-rules/2025-01-01_local-rules-court-accessible.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF AMADOR Local Rules of Court Effective Date: January 1, 2025”, as fetched 2026-10-12; 2731170 bytes, sha256 a1d85880106808eb0665ed0313fc1d63b254623347ace78066f5cee3167f614e; 86 pages; this part PDF pages 13 to 22, printed pages 12 to 21) with the shared verbatim composer (v2 reflow): the preface and the rules (PDF pages 6 to 70, printed 5 to 69) composed as one text and cut at the preface's heading and the eighteen chapter headings, each matched once as a whole line (no chapter opens a page of its own); each page's running header (“State of California Superior Court” / “County of Amador”) and running footer (“Revised 01/01/2025”, the page number, “Z/local rules/2025-01.01”, “www.amadorcourt.org”) removed as chrome (390 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title, each lettered or numbered subdivision starting a line and each rule's history (“(Effective ...)”) on a line of its own; no table in the rules; the strike report (review/strike-report-2026-10-12.txt) lists 20 struck runs on 23 pages - every mark, rendered and read (review/render/strike-marks-2026-10-12.png), is a short filled tick, red or black, crossing one printed letter or a space inside a word, or a forms table's rule (PDF pages 72 and 85) - no text is struck, and the book is composed without strike-out; 5 whitespace-only fixes (build/book-fixes.json: the headings of Rules 1.02, 13.10 and 17.05, each printed on a line of its own, set apart from the first sentence the reflow ran onto them; Rule 8.14(F)'s heading, printed “F. Time” / “Limits:”, set as one line; two bullets of Rule 11.06(A)'s list of calendars, which the reflow joined, set apart); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one gap junction, two page breaks, two fragments, four two-line rule titles and Rule 6.04(C)(1)'s unfinished last sentence kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 5), the appendix of local forms (71 to 72), the filing instructions and summary of changes (73), the alphabetical index (74 to 78), the list of effective dates (79 to 84) and the appendix of local forms ordered by name (85 to 86) belong to no card. Review note: Carried as printed: Rule 6.04(C) requires documents to “contain the work “CONFIDENTIAL””; Rule 6.04(C)(1)’s last sentence ends “containing confidential personal information that is submitted”; Rule 6.09 reads “motion s to suppress evidence”; the book prints two headings numbered 6.20 (“Ancillary Defense Expenses” and “Appointment of Investigators/Ancillary Services”) and no 6.20.1; and Rule 6.19 cites People v. Clancy as “(2013) 50 Cal.4th 562” - the citation to be checked against the official reports (a review task).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Amador County > Superior Court of California, County of Amador
CHAPTER 6 – CRIMINAL 6.00 Arraignment Where a defendant has been held to answer on felony charges following a preliminary examination, or where a defendant has waived a preliminary hearing, the court will seek a stipulation that the complaint or amended complaint be deemed the information filed forthwith. The defendant may then be arraigned on the information. (Effective 1/1/95; Amended 1/1/00; Amended 7/15/2015) 6.01 Continuances No matters will be continued unless approved by the court for good cause. Strict compliance with Penal Code section 1050 is required, unless excused by the court pursuant to subdivisions (c) and/or (d) of section 1050. (Effective 1/1/95; Amended 7/15/2015) 6.02 Withdrawal as Attorney of Record An attorney privately retained to represent a defendant in a criminal proceeding shall not withdraw from such representation, unless authorized by order of the court, pursuant to the consent of the defendant, or following a hearing on a duly noticed and a timely motion seeking permission to withdraw. (Effective 1/1/95; Amended 7/15/2015) 6.03 Pretrial Motions Not Waived Any pretrial motions, including demurrers, may be made after arraignment on the information. (Effective 1/1/95; Amended 7/15/2015) 6.04 Filing of Papers A. A law and motion matter may be set: 1. By filing a noticed motion. 2. By court order issued upon oral request of a party made in open court at a time when the case is otherwise regularly calendared; or 3. By submission of an Ex Parte Application to set matter on calendar and Proposed Order on the form available on the Court’s website, www.amadorcourt.org. Notice of any Ex Parte Application to set matter on calendar must be provided to the opposing party no less than twenty-four (24) hours prior to the hearing. If twenty-four (24) hours notice is not given, an explanation why proper notice was not provided must be included in the Ex Parte Application. Notice must be provided during regular business hours. Failure to include the required notice, or sufficient cause for failing to do so, may result in the denial of the Application. The twenty-four (24) hour notice provision may be waived by the parties upon written stipulation. B. Unless otherwise ordered by the court, the date and time of all hearings will be set by the clerk. C. All initial moving papers relating to pretrial motions, including those filed after obtaining an order shortening time, shall be filed with the clerk. No matter shall be calendared prior to the filing of the moving papers. Documents submitted for filing which are required to be kept confidential pursuant to statute or court order, must contain the work “CONFIDENTIAL” in bold caps directly beneath the document title and should be filed under seal under the provisions set forth in rule 2.551 of the California Rules of Court. 1. Police Reports Containing Confidential Personal Information In accordance with Penal Code section 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit police reports, arrest reports or investigative reports containing “confidential personal information” (as defined in subd. (b) of Penal Code § 964) of victims or witnesses to the court in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. Rather, prosecutors and law enforcement agencies should present the court with written declarations from law enforcement officers that are devoid of this confidential personal information. In the alternative to providing declarations to the court, the parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses. The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that all “confidential personal information” of victims and/or witnesses has been effectively redacted from the reports. All agencies should bear in mind that the court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the court’s consideration. Rather, the burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court. In this respect, the court may exercise its discretion to accept or reject a police, arrest or investigative report containing confidential personal information that is submitted 2. Confidentiality of Pretrial Services Records and Information. Information supplied by a defendant to a representative of the Amador County Probation Department during the defendant's initial interview or subsequent contacts, or information obtained by the Probation Department as a result of the interview or subsequent contacts, will be deemed confidential and will not be subject to subpoena or to disclosure, and will not subject any employee or agent of the Probation Department to subpoena, with the following exceptions: (a) Information relevant to the imposition of conditions of release must be presented to the court, the prosecutor, the defendant, and the defendant's attorney, on a standardized form when the court is considering what conditions of release to impose, and if the information given is false or misleading, it may be used for prosecution or impeachment; (b) Information concerning compliance with any conditions of release imposed by the court must be furnished to the court, the prosecutor, the defendant and the defendant's attorney, for prosecution, impeachment, or for consideration of modification of conditions of release; (c) As otherwise ordered by the court in the interest of justice, upon noticed motion of the party seeking disclosure and a showing of good cause. D. Failure to serve and file papers in opposition to a motion, other than an ex parte application, may, in the court's discretion, be deemed a forfeiture of any objections and an admission that the motion or other application is meritorious. The court may also deem, in its discretion, that the party who has failed to timely file written opposition to a noticed motion has forfeited the right to orally oppose the motion at the hearing. E. All opposition and reply papers shall be served upon opposing counsel by personal delivery, express mail, federal express, email (when agreed to in writing by the parties), fax, or other means designed to ensure that the opposition and reply papers are received by opposing counsel within twenty-four (24) hours of filing. The motion shall not be heard unless the above-mentioned documents have been served on all parties to the proceeding within the time limits specified. A party shall not be deemed to have been served until that party receives actual notice of the motion; or if the notice of motion is mailed through the U.S. mail, a party shall be deemed to have been served five (5) calendar days after the posting of the notice of motion. F. Failure, without good cause, to comply with the requirements of this rule concerning the time for filing and serving initial papers may, in the discretion of the court, be deemed an admission that the motion is without merit. Failure, without good cause, to comply with the requirements of this rule concerning the time for filing and serving opposing and reply papers may, in the discretion of the court, be deemed cause for acting on the matter without consideration of the document filed in violation of the rule. G. The above filing rules, paragraphs (A) through (D), do not apply to motions for continuance. (Effective 1/1/95; Amended 1/1/96; Amended 1/1/06; Amended 7/1/09; Amended 7/1/11; Amended 7/1/2015) 6.05 Format of Motions, Citations A. Citations. Citations to all authorities must conform to the CALIFORNIA STYLE MANUAL. If counsel relies on authorities from a foreign jurisdiction, such as another state, a copy of such authority shall be attached to the motion. This rule includes Attorney General opinions, local ordinances, law review articles, citations to other state cases and statutes, other than federal cases and United States Supreme Court decisions. (Effective 1/1/95; Amended 7/15/2015) 6.06 Motions at Trial In felony and misdemeanor cases, unless otherwise ordered by the court, all motions in limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities. These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC). (Effective 7/1/2017) 6.07 Failure of Moving Party to Appear If a moving party fails to appear when called, the court may, in its discretion, order the matter off calendar. In the event of an unavoidable scheduling conflict, the moving party can avoid having the matter dropped by calling the court at any time prior to the scheduled hearing and reporting the conflict. (Effective 1/1/95; Amended 7/15/2015) 6.08 Taking Matters off Calendar The moving party may withdraw a motion from calendar up to forty-eight (48) hours before the calendar appearance date by filing a written notice to the court and all parties. (Effective 1/1/95; Amended 1/1/96; Amended 1/1/09; Amended 7/1/12; Amended 7/15/2015) 6.09 Setting Evidentiary Motions Motions requiring the testimony of witnesses, including but not limited to motion s to suppress evidence, shall not be set for an evidentiary hearing except on a date as selected by the court with both sides present. A motion to set such an evidentiary hearing date may be brought within the time requirements prescribed by the statutory authority governing the motion. (Effective 1/1/95; Amended 7/1/11; Amended 7/15/2015) 6.10 Discovery Requests A. At the time of the defendant's first appearance on a felony or misdemeanor matter, an informal request for continuing discovery shall be deemed to have been made by the defendant requesting the prosecuting attorney to disclose all materials required to be disclosed by Penal Code section 1054.1, and by the state and federal Constitutions, including exculpatory information regarding guilt or innocence and sentencing mitigation covered by Brady v. Maryland (1963) 373 U.S. 83 and its progeny. B. At the time the prosecuting attorney provides the discovery of items in compliance with subparagraph (A) above, the prosecuting attorney shall provide to defense counsel a written receipt showing the date of compliance and shall include a written notice that either an informal request is made that the defense disclose all materials and information set forth in Penal Code section 1054.3 or that no informal request is being made. C. Upon receipt of the original request as specified above or any other informal request, the receiving party shall respond by either providing the information requested or specifying the items the party refuses to produce and the reason for the refusal. (Effective 1/1/95; Amended 7/15/2015) 6.11 Numbering of Discovery Documents and Tapes All discovery material provided to the opposing side, including documents, photographs, audio, or video tape recordings, shall be described and listed in a document to be retained by the party providing the discovery. This document shall also set forth the date each item was provided to the opposing side. (Effective 1/1/95; Amended 7/15/2015) 6.12 Discovery Motions A. When a party's compliance with an informal discovery request under Local Rule 6.10 is considered insufficient by the requesting party, the requesting party shall make an informal request for the particular items sought prior to making a formal discovery motion. B. A formal motion for an order to compel discovery shall be supported by a declaration stating facts showing a failure by the opposing party to comply with the informal request for discovery. The declaration shall specify in particular those items not disclosed in response to any informal request for discovery. (Effective 1/1/95; Amended 7/1/2015) 6.13 Probable Cause Hearings Upon the booking of any person into the county jail, other than pursuant to an arrest warrant, the arresting agency shall present a declaration to a judge establishing probable cause for the detention. The declaration shall be on a form approved by the court. (Effective 1/1/95; Renumbered Effective 1/1/06) 6.14 Temporary Release from Jail A. Except as indicated in subdivision (B) below, applications for temporary release from custody (in the custody of the sheriff or without such custody) by or on behalf of inmates confined in the county jail, as sentenced or committed prisoners, shall be made to the sheriff and not to the court. This process applies to applications for release for medical, family emergency, education, employment, and related purposes. B. The following applications shall be made to the court: 1. Applications for orders to produce an inmate to testify in court as a witness or to appear in court in a civil matter as a party, including appearances other than as a petitioner in a habeas action. 2. Applications to the court by affidavit of the sheriff for removal of an inmate who requires medical or surgical treatment necessitating hospitalization, which treatment cannot be furnished or supplied at county jail pursuant to Penal Code section 4011. 3. Applications for commitment of an inmate to mental facility pursuant to Penal Code section 4011.6. 4. Applications for removal of inmate for mental health services pursuant to Penal Code section 4011.8. (Effective 1/1/95; Renumbered Effective 1/1/06; Amended 7/15/2015) 6.15 Alternative Sentencing Any sentencing order requiring community service shall be administered through the probation department. (Effective 1/1/95; Amended 1/1/06) 6.16 Standing Income Deduction Order This local rule creates a Standing Income Deduction Order which shall apply in any case in which the court, at the time of sentencing, orders that the defendant pay restitution to the victim and/or the Restitution Fund pursuant to Government Code section 13967(c) and/or Penal Code section 1203.04 and also orders an income deduction from all income due and payable to the defendant pursuant to Government Code section 13967.2. This Standing Income Deduction Order shall be effective so long as the order for restitution, upon which it is based, is effective or until further order of the court. The terms of the Standing Income Order are: A. The matter is referred to the Probation Department for an evaluation and recommendation regarding the defendant's ability to pay restitution and ability to pay through an income deduction. If the defendant does not consent to the amount of the income deduction recommended by the Probation Department, the matter shall be set for a hearing before the court. The court shall determine the total amount of income to deduct for each pay period and shall determine all applicable fees and interest. B. All payers of income due and payable to the defendant are directed to deduct from those amounts that sum of money fixed by the court according to paragraph (A) above. C. This order applies to all current and subsequent payers and periods of employment. D. A copy of this order shall be served on the defendant's payor(s). E. This order is stayed until the Probation Department determines that the defendant has failed to meet his/her obligation under the restitution order and the defendant has failed to provide the Probation Department with good cause for the failure according to the procedure below. F. If the Probation Department determines that the defendant has failed to meet his/her obligation under the restitution order, the Probation Department shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. G. If, within five (5) days of the request, the defendant fails to provide the Probation Department with the evidence required in paragraph (F) or fails to establish good cause, the Probation Department shall immediately inform the defendant of that fact and shall inform the court that the stay on the income declaration order should be lifted and a notice to payor should be issued. H. If the clerk of the court receives information from the Probation Department as provided in paragraph (G) above, the clerk shall prepare and endorse an income deduction order and notice to payor. Unless the defendant applies within a fifteen (15) day period for a hearing to contest the lifting of the stay and enforcement of the income deduction order, the clerk shall forward the order and notice to the Probation Department for service on the defendant's payors. I. The defendant within fifteen (15) days after being informed by the probation department pursuant to paragraph (G) above that the order staying the income deduction order shall be lifted, may apply for a hearing to contest the enforcement of the income deduction order only 1) on the ground of mistake of fact regarding the amount of restitution owed, or 2) on the ground that the defendant has established good cause for the nonpayment. J. Upon the filing of defendant's request pursuant to paragraph (I) above within the fifteen (15) day period, the matter shall be set for a hearing before the court to determine whether the enforcement of the income deduction order is proper. K. The defendant shall provide to the Probation Department the address of his/her current and subsequent payers and within seven (7) days shall notify the Probation Department of any change of payor. L. The defendant shall notify the Probation Department within seven (7) days of his/her change of address. (Effective 1/1/95; Amended 1/1/06; Amended 7/1/2015) 6.17 Jury Instructions Unless otherwise ordered by the court, by no later than the date of the Trial Readiness Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury. (Effective 7/1/2017) 6.18 Pleas at the Time of Trial Following the Trial Readiness Conference, only a plea of guilty or no contest to all counts in the Complaint or Information will be accepted, except when the counts are pled in the alternative or one count is a lesser-included count of another count. (Effective 1/1/06; Amended 7/15/2015; Renumbered Effective 7/1/2017) 6.19 Plea Bargaining Sentencing is a function of the judiciary. The limitations of Penal Code sections 1192.6 and 1192.7 and the California Supreme Court’s decision in People v. Clancy (2013) 50 Cal.4th 562, will be strictly adhered to in plea-bargaining. (Effective 1/1/06; Amended 7/15/2015; Renumbered Effective 7/1/2017) 6.20 Ancillary Defense Expenses This rule states the requirements for the payment of reasonably necessary expenses incurred in defending self-represented persons who are indigent. This rule will refer to these reasonable necessary expenses as “Ancillary Defense Expenses.” All funds expended for Ancillary Defense Expenses must have prior approval by Court order and adhere to the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures. Funds approved for a specific purpose may not be expended for another use without prior Court approval. 6.20 Appointment of Investigators/Ancillary Services All initial applications for the authorization of Ancillary Defense Expenses shall be submitted by ex parte motion to the clerk of the court for review by the Presiding Judge or his/her designee. The application shall be accompanied by: (1) a completed and signed Defendant's Financial Statement – Local Form CRIM-230 OR a Declaration signed under penalty of perjury, which includes all of the information requested in CRIM-230; and (2) a declaration with the information described in subdivision A below. The application and supporting declarations shall be marked "Confidential," and shall be kept in a confidential section of the Court file. A. Required Declaration. All applications for Ancillary Defense Expenses shall be supported by a declaration setting forth: 1. a summary of the circumstances of the charged offense or facts that demonstrates why the funding of Ancillary Defense Expenses is necessary in the interests of justice; 2. the status of the case; 3. the specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and 4. the name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage, and any other special expenses. If a self-represented defendant has not suggested a particular investigator, the Court will select one from the rotational investigator list. The maximum hourly billing rates, as well as the maximum initial authorizations for all investigators and legal runners shall be set by the Presiding Judge. Legal runner services, when approved by the Court, are limited to photocopying, and transporting materials, orders, and motions. Visits and phone calls to the County’s detention centers must be associated with an allowable billable activity, and will be subject to the Court’s discretion. 6.20.2 Claims for Payment Services rendered by investigators, experts and others under appointment by the Court’s Presiding Judge, or his/her designee, must comply with the rules and guidelines for appointed ancillary defense services specified in the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures. 6.20.3 Investigators, Experts and Other Investigators, experts and others appointed by the Court may not charge fees for their services in excess of the rates and limits set forth in the appointed Services Fee Schedule in effect at the time of appointment. 6.20.4 Transcription Services Transcription services are deemed to be an expert service; compensation for transcription service shall be at the lowest commercially-available rate. (Effective 7/1/2019)
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.