Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 7-Juvenile (Rules 7.1 to 7.5)

Summary

Section 7-Juvenile: prehearing discovery reciprocal and informal, pursuant to California Rules of Court, Rule 5.546, lists of all witnesses to be called exchanged at least five days prior to contested hearings, and all relevant material, except as protected by privilege, disclosed in a timely fashion to all parties (7.1(a)); a party may petition the Court for discovery only after having exhausted all informal means, by a motion stating the relevancy and materiality of the information sought and why informal discovery was not adequate, served at least five court days before the hearing date, any responsive papers filed at least two court days before the hearing (7.1(b)); all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence set forth in California Rules of Court, Rule 5.660(d) (7.2(a)); an attorney appearing in a dependency matter for the first time to submit a Certificate of Competency within 10 days of his or her first appearance, notwithstanding a Certificate of Competence, the Court may determine from counsel’s conduct and performance that an attorney does not meet minimum competency standards and then proceed as set forth in section XXXX of this rule, and proof of certification by the Juvenile Court of the California county in which an attorney from outside this county maintains an office sufficient evidence of competence (7.2(b)); each previously certified attorney to submit a new Certificate of Competence on or before January 31st of the third year after first certification and every third year thereafter, with evidence that he or she has complied with California Rules of Court, Rule 5.660(d), an attorney who fails to submit evidence of the minimum-required training and education by the due date notified that he or she will be decertified, with 20 days from the mailing of the notice to submit it, failing that, certified counsel substituted or, for retained counsel, the party notified, whether to substitute counsel solely within the party’s discretion (7.2(c)); any party to a Juvenile Court proceeding may lodge a written complaint about his or her appointed attorney’s performance, and for an attorney appointed to represent a minor the social worker, a caretaker, relative, foster parent, or Court Appointed Special Advocate (CASA) may lodge one on the child’s behalf, the complaint and the response lodged separately in a sealed envelope, counsel provided with a copy, the Court to review it within 10 days of receipt and lodge its decision in the file if it does not present reasonable cause that the attorney has failed to act competently or has violated Local Rules or, if it does, request an informal response or conduct a hearing, held as soon as is practical on at least five days’ notice, after which the Presiding Judge of the Juvenile Court may take appropriate action, and the Court to notify the attorney and the complaining party in writing (7.2(d)); all attorneys appearing in a dependency proceeding to meet minimum standards of representation, thoroughly investigating the allegations of the petition and the court reports, including a comprehensive interview with the client and contacting social workers and other professionals, interviewing the caretaker(s) of a minor child placed outside of the home, absent exceptional circumstances, and vigorously representing the client within applicable legal and ethical boundaries, including the duty to work cooperatively with other counsel, CASA, and the Court to resolve disputed matters without a hearing if consistent with the client’s interests and to comply with local rules and the statutorily mandated time lines (7.3); attorneys for all parties to adhere to the statutory time lines for all hearings, time waivers accepted and continuances granted only upon a showing of exceptional circumstances (7.4); and any interested person may at any time during a dependency proceeding advise the Court, by filing a declaration with service on all parties, that the minor may have an interest or right to be protected or pursued in another judicial or administrative forum, and set forth its nature, the name and address, if known, of the agency or forum and the nature of the proceedings there, the Court to respond as appropriate under California Rules of Court, Rule 5.660(g) (7.5)