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The order of May 24, 2021 adopting the court's policy under Senate Bill 54 (2017-2018 Regular Session) and the recommendations of the Attorney General: protecting access to justice in court facilities (pseudonyms, non-disclosure of immigration status, access liaisons); protections for children and immigrant crime victims (Form I-918 Supplement B); responding to immigration enforcement requests for access and for information; and the handling of warrants, subpoenas and notices to appear, with sample federal forms in Appendices A-G (not transcribed).
California > Third Appellate District > Sacramento County > Superior Court of California, County of Sacramento
[File stamp: FILED / ENDORSED (a line runs through "ENDORSED"), MAY 24 2021, By K. Swift, Deputy Clerk] SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO IN RE: STANDING ORDER OF THE COURT ORDER ADOPTING SACRAMENTO COUNTY’S POLICY RE: SECURING EQUAL ACCESS TO JUSTICE FOR ALL Pursuant to the unanimous vote of the Judges of Sacramento County Superior Court on May 20, 2021, IT IS ORDERED that the attached Policy re: Securing Equal Access to Justice for All is adopted. DATED: 5/24/2021 THE HONORABLE RUSSELL L. HOM Presiding Judge of the Superior Court of California, County of Sacramento Superior Court of California County of Sacramento Policy re: Securing Equal Access to Justice for All Pursuant to Senate Bill (SB) No. 54 (2017-2018 Regular Session) and the recommendations of the Attorney General, the Sacramento Superior Court adopts the following policy regarding immigration issues so as to secure equal access of justice in all of its courthouses. Policies for State Court Facility Access Protecting Access to Justice ➢ The Court permits wide access to justice through the use of pseudonyms, where feasible and appropriate to protect an individual’s safety, and permitted or required by applicable state law or by Court order. ➢ Court personnel may not disclose citizenship or immigration status information about any person, unless the requirements of Evidence Code sections 351.2, 351.3, and 351.4 are met and such disclosure is specifically required by judicial warrant or order, or by state or federal law. ➢ Court personnel shall not inquire about the immigration status of an individual, including a crime victim or a witness, unless such inquiry is required for the performance of the court personnel’s regular duties. ➢ Court policies reducing the frequency with which parties need to appear in court shall be implemented, where feasible and permitted under applicable state law or court order. For example, appearances may be waived for proceedings where the parties’ appearances are not required to make decisions or provide testimony at the discretion of the judicial officer. Technology may be used to permit remote appearances by phone or video when practicable and at the discretion of the judicial officer, as permitted under local rules, the California Rules of Court, and applicable state law or court order. ➢ The court shall designate two access liaisons per courthouse, a primary and a backup, who will be trained on these policies. Any court staff member presented with a request by an immigration official shall immediately refer that official to an access liaison. ➢ Court employees identified as potentially having direct interactions with immigration enforcement officers will receive training on these policies. ➢ All court staff shall be informed of, and receive a copy of these policies. Protections for Specific Litigants Protecting Children ➢ Unless otherwise determined by the Court, it is presumed that immigration enforcement does not have a direct and legitimate interest in individual juvenile proceedings nor in the work of the court. ➢ Unless otherwise determined by the Court, in order to protect the best interests of children, arrests for immigration enforcement purposes are prohibited within juvenile courthouses or courtrooms unless there is an immediate risk to the safety and protection of the public. Protecting Immigrant Crime Victims ➢ The Court, upon request, shall require all hearing officers complete “Supplement B, U Nonimmigrant Status Certifications” (Form I-918) for immigrant crime victims of criminal activity listed on Penal Code section 679.10, subdivision (c), who possess information about the qualifying criminal activity, unless the victim has refused or failed to provide information reasonably requested by law enforcement or unless otherwise ordered by the Court. ➢ The Court shall prohibit all hearing officers who have certified victim helpfulness on the Form I-918 from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law or legal process, or if authorized by the victim or person requesting the Form I-918 Supplement B certification. Responding to Immigration Enforcement Activities at State Court Facilities Training Court Staff on Responding to Immigration Enforcement Activity The following protocols are established for use by the Sacramento Superior Court: ➢ Court personnel who receive in-person, written, telephonic, or electronic requests for information related to immigration enforcement shall immediately direct these requests to one of the court’s designated access liaisons. ➢ All areas of the Court requiring a perimeter access card or access code are considered nonpublic and no person, unless authorized or approved by the Court, is permitted to access nonpublic areas. All other areas of the Court are public. ➢ Sacramento Superior Court’s access liaisons shall receive training regarding the different type of warrants, subpoenas, and court orders that may be presented to effect an arrest or to obtain records in immigration enforcement actions, attached to this policy. This training shall include the following requirements: ✓ The ability to differentiate between administrative warrants and judicial warrants signed by a judge or magistrate. ✓ The ability to differentiate between administrative and judicial subpoenas. ✓ The procedure for responding to any warrant, subpoena, or order issued in connection with immigration enforcement activities. ➢ Sacramento Superior Court’s access liaisons shall be trained that Department of Homeland Security (DHS) administrative subpoenas and federal court subpoenas do not require immediate compliance despite the warning language that may be included on the form. Subpoenas shall be submitted for review and a decision by the court executive officer, the presiding judge, their delegate, or court counsel on how to respond to the subpoena. ➢ Sacramento Superior Court personnel are prohibited from assisting in immigration enforcement actions, including by engaging in any of the activities listed in Government Code section 7284.6, subdivision (a), unless the exceptions set forth in section 7284.6 (as applicable to law enforcement agencies) are applicable. Responding to Requests for Access for Immigration Enforcement Purposes ➢ As soon as possible, the court’s access liaison shall notify the court executive officer, the presiding judge, or designee, of any request by officers engaged in immigration enforcement for access to nonpublic restricted areas of a courthouse or any request for review of nonpublic court documents. ➢ In addition to notifying the court executive officer, the presiding judge or their designee, the court’s access liaison shall take the following steps in response to the service of a subpoena or a request for access to execute an administrative arrest warrant. 1. Advise the immigration enforcement officer that before proceeding with his or her request, the court’s access liaison must first notify and receive direction from the court executive officer, the presiding judge, or their designee. The access liaison may request the officer to report directly to the Executive Office or Presiding Judge. 2. The access liaison should ask to see, and make a copy of or note, the officer’s credentials (name and badge number). Also ask for and copy or note the phone number of the officer’s supervisor. 3. The access liaison should ask the officer for his/her reason for being at the courthouse and note the response. 4. The access liaison should ask the immigration enforcement officer to produce any documentation that authorizes court access. 5. If the immigration enforcement officer orders immediate access to court facilities, court personnel should not refuse the officer’s orders and immediately contact the court executive officer, the presiding judge, or their designee. 6. The Sheriff’s Office shall contact one of the court’s designated access liaisons when presented with any requests for access or information related to immigration enforcement. 7. State that the Sacramento Superior Court does not consent to entry of Sacramento Superior Court facilities or portions. 8. Without expressing consent, the access liaison shall respond as follows if presented with the following documentation: o An ICE administrative “warrant” (see Appendices A and B): Immediate compliance is not required. The access liaison shall inform the officer that he or she cannot consent to any request without first consulting with the court executive officer, the presiding judge, or their designee. Provide a copy of the warrant to the court executive officer, the presiding judge or their designee (where possible, in consultation with legal counsel) as soon as possible. o A federal judicial warrant (either search and seizure warrant or arrest warrant; see Appendices C and D): Prompt compliance with such a warrant is usually legally required, but where feasible, consult with the court executive officer, the presiding judge or their designee, before providing the officer access to the person or materials specified in the warrant. o A subpoena for production of documents or other evidence (see Appendices E and F): Immediate compliance is not required. Inform the officer that court personnel cannot respond to the subpoena until after it has been reviewed by legal counsel for the court. Provide a copy of the subpoena to the court executive officer, the presiding judge, or their designee or legal counsel as soon as possible. o A notice to appear (see Appendix G): This document is not directed at the Sacramento Superior Court. Court personnel are under no obligation to deliver or facilitate service of this document to the person named in the document. If you get a copy of the document, give it to the court executive officer, the presiding judge, or their designee or legal counsel as soon as possible. 9. If the immigration enforcement officer orders staff to provide immediate access to facilities, court staff should not refuse the officer’s order and immediately contact the court executive officer, the presiding judge, or their designee. Court personnel shall not attempt to physically interfere with the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document. If an officer enters a restricted area without consent, court personnel shall document his or her actions. All documentation shall be forwarded to the access liaison. 10. Court personnel shall document the immigration enforcement officer’s actions while in court premises in as much detail as possible, but without interfering with the officer’s movements. All documentation shall be forwarded to the access liaison. 11. The access liaison shall complete an incident report that includes the information gathered as described above and the officer’s statements and actions. 12. To the extent practicable, all court personnel who observe any immigration enforcement action taking place in, or in the immediate vicinity of, any court facility, shall report the incident to the court executive officer, the presiding judge, or their designee. Responding to Requests for Information for Immigration Enforcement Purposes Collection and Dissemination of Personal Information ➢ Unless necessary to perform one’s official duties, or required by law, court personnel shall not: • Inquire into an individual’s immigration status; • Provide, to an officer engaged in immigration enforcement, information regarding a person’s release date unless: (1) the officer has a valid judicial warrant, subpoena, or court order; (2) the person subject to the search has a criminal history that meets the criteria of California Government Code section 7282.5, subdivisions (a) and (b); or (3) the information is available to the public; or • Provide, to an officer engaged in immigration enforcement, personal information unless: (1) the officer has a valid judicial warrant, subpoena, or court order; or (2) the information is available to the public. ✓ Personal information means any information that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. ➢ All other court personnel shall not: • Collect and maintain personal information, except as required by law or as necessary to perform one’s official duties. • Ask an individual about his or her immigration status, except as required by law or as necessary to perform one’s official duties. ➢ Court personnel shall not share information regarding any juvenile case file for the purposes of immigration enforcement unless specifically authorized to do so by a judicial order. Responses to Requests for Information for Immigration Enforcement Purposes ➢ Court personnel shall not provide personal information to any person or entity for immigration enforcement purposes, unless: (1) such information is available to the public; or (2) is subject to a valid judicial warrant, subpoena, or court order. ➢ Court personnel shall not provide information regarding a person’s release date or respond to requests for notification by providing release dates or other information unless that information: (1) is available to the public; (2) is subject to a valid judicial warrant, subpoena, or court order; or (3) is in response to a notification request from immigration authorities in accordance with Government Code section 7282.5 ➢ Court personnel shall not use immigration authorities as interpreters when an interpreter is necessary to conduct the court’s business. ➢ Court personnel shall revise the terms and use policies that permit access to their case management systems or any other database that contains non-criminal history information as follows: All users of the court’s case management systems or any other database that contains non- criminal history information shall agree, as a condition to being provided access to the systems and databases, that they shall not access or use any information contained within these databases for immigration enforcement purposes, except that users are not restricted in the use of criminal history information and are not restricted in the use of information regarding a person’s immigration or citizenship status pursuant to Sections 1373 and 1644 of title 8 of the United States Code. ➢ Court personnel shall not conduct any research on behalf of any individual, including, but not limited to, public and private investigators, by using the court’s case management system unless ordered by the judge. [Appendices A-G (pages 8-14) reproduce sample federal forms, each marked "SAMPLE", and are not transcribed: Appendix A, Immigrations and Customs Enforcement “Arrest Warrant” (Form I-200); Appendix B, Immigrations and Customs Enforcement “Removal Warrant” (Form I-205); Appendix C, Federal Search and Seizure Warrant (Form AO 93); Appendix D, Federal Arrest Warrant (Form AO 442); Appendix E, Department of Homeland Security Immigration Enforcement Subpoena (Form I-138); Appendix F, Federal Judicial Subpoena (Form AO 88B); Appendix G, Notice to Appear Form (Form I-862).] [Page 1 is a scan transcribed by eye: its date, "5/24/2021", is handwritten, and it bears the seal of the Superior Court of California, County of Sacramento. The policy's cover (page 2) also bears the court's seal.]
[File stamp: FILED / ENDORSED (a line runs through "ENDORSED"), MAY 24 2021, By K. Swift, Deputy Clerk] SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO IN RE: STANDING ORDER OF THE COURT ORDER ADOPTING SACRAMENTO COUNTY’S POLICY RE: SECURING EQUAL ACCESS TO JUSTICE FOR ALL Pursuant to the unanimous vote of the Judges of Sacramento County Superior Court on May 20, 2021, IT IS ORDERED that the att
Reviewer note: Composed 2026-10-02 (California T3 Sacramento build 2026-10-02) from BenchPath custody ca/t3/ca-sacramento/other/ICE_Policy_Gov_7284.8_a.pdf (4350800 bytes, sha256 a61953f67aeecf9ddfe09e55e3f56eefce81b931388f1efa34269a19a7d39d44; 14 pages) with the shared verbatim composer (v2 reflow): page marks and running footers removed as chrome; lines reflowed into the document's paragraphs; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented fixes (whitespace-only or same-character reorders; the proofs hold): page 1 (the adopting order, a scan) transcribed by eye with the OCR layer as second reader (no window missed); pages 2 to 7 composed reading the glyphs drawn on the page (the replacement-text layer gives each arrow bullet a NUL), proof 3 (drawn glyphs) also passing; the title, two headings and item 8's four sub-items set as printed lines; Appendices A to G (sample federal forms) named in a bracketed line, not transcribed.
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.