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Chapter 16 (Mental Health Department; Rules 16.1 to 16.5): the mental health judge designated by the presiding judge (Rule 16.1); Lanterman-Petris-Short Act cases heard on Fridays at 1:30 P.M. (Rule 16.2); jury trial dates set by the mental health judge (Rule 16.3); LPS commitment petitions, closed hearings and counsel's duty to advise the respondent of rights (Rule 16.4); and petitions to restore the right to possess a firearm under Welfare and Institutions Code section 8103(f)(1) (Rule 16.5).
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 16 MENTAL HEALTH DEPARTMENT 16.1 MENTAL HEALTH JUDGE The mental health judge shall be designated by the presiding judge. (Adopted October 1, 1998) 16.2 CALENDAR All mental health cases initiated under Welfare and Institutions Code section 5000 et seq. (Lanterman-Petris-Short Act) shall be heard on Fridays at 1:30 P.M. If Friday falls on a court holiday, the mental health calendar shall be heard on the preceding judicial day. (Adopted October 1, 1998) 16.3 JURY TRIALS If a jury trial is demanded, the trial date will be set by the mental health judge. (Adopted October 1, 1998; Amended January 1, 2010) 16.4 LPS COMMITMENT A. REQUIREMENTS. A petition for commitment for LPS must generally allege the statutory basis for commitment. Every petition must include a sworn affidavit or declaration signed under penalty of perjury in support of the commitment. Petitioner must give notice to Respondent personally and to the Public Defender’s Office. A petition for an extended commitment must be timely filed. A petition must have a proof of service attached. B. THE HEARING. All court hearings are closed, except for persons expressly invited by the Respondent. Court trials will be heard in Department A, and jury trials will be referred out to the alpha departments at the discretion of the Presiding Judge. C. COUNSEL’S DUTY TO ADVISE RESPONDENT OF RIGHTS. Counsel for Respondent must advise respondent of the right to appear at all proceedings, including the hearing on the petition for commitment. Counsel for Respondent must advise Respondent of the right to a jury trial or a trial by court, the right to confront and cross-examine adverse witnesses, to present evidence on Respondent’s behalf using the free subpoena power of the court, and the privilege against self-incrimination. Counsel must advise Respondent that if a commitment is granted, the State may subsequently seek renewed commitments. (Adopted July 1, 2017) 16.5 PETITION FOR RESTORATION OF RIGHT TO POSSESS A FIREARM A. PETITION. A petition for restoration of the right to own, possess, control, receive, or purchase a firearm pursuant to Welfare and Institutions Code section 8103(f)(1), and any supporting documentation must be filed with the clerk’s office of the mental health court. The petition must include a discharge summary prepared by the last inpatient facility which provided involuntary treatment. In addition, if a firearm has been confiscated and the petition seeks to regain the firearm, a detailed description of the firearm, and a copy of the receipt given by the agency upon removal must be attached to the petition. At the hearing, the court may also require a written verification from a treating therapist stating that the petitioner will be able to use a firearm in a safe manner. B. THE HEARING. The clerk will send a notice of the hearing date to petitioner. The petitioner must attend the hearing, and may be self-represented, or represented by a privately retained counsel. If the court decides in petitioner’s favor, petitioner must prepare an order after hearing restoring petitioner’s right to possess a firearm for the court’s signature. If the petitioner regains the right to buy or possess firearms, the court will send notice to the Department of Justice. All court hearings are closed. (Adopted July 1, 2017; Amended January 1, 2024)
CHAPTER 16 MENTAL HEALTH DEPARTMENT 16.1 MENTAL HEALTH JUDGE The mental health judge shall be designated by the presiding judge. (Adopted October 1, 1998) 16.2 CALENDAR All mental health cases initiated under Welfare and Institutions Code section 5000 et seq. (Lanterman-Petris-Short Act) shall be heard on Fridays at 1:30 P.M. If Friday falls on a court holiday, the mental health calendar shall be
Reviewer note: Composed 2026-10-07 (California T4 Monterey build 2026-10-07) from BenchPath custody ca/t4/ca-monterey/docs/local-rules/local-rules-court_7126.pdf (4421478 bytes, sha256 6cfb26d8558478433c17c16338ee58feefb8ffa50636d888812c530751d033fb; 192 pages; this chapter's rules are pages 168 to 169) with the shared verbatim composer (v2 reflow). Each chapter opens on its own page with its own table of contents (a finding aid, not carded); the running header lines (LOCAL RULES OF COURT; MONTEREY COUNTY SUPERIOR COURT) and the page numbers removed as chrome, the chapter number and name kept once as the card's heading; the cover, the book's table of contents, the alphabetical index and the reserved Chapters 5 and 13 belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Review note: Published as printed: Rule 16.4 (B) refers to Department A and to the alpha departments.
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.
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.