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Rules 4.00 to 4.23: felony and misdemeanor cases directly assigned at arraignment to a criminal department judge for all purposes under the Executive Committee's assignment criteria, the case reassigned when the attorney appointed by the court is relieved due to conflict (4.00); criminal cases randomly assigned at arraignment on the complaint (4.01); a uniform countywide bail schedule approved annually by the judges assigned to the Criminal Division, the clerk not approving or accepting bail (4.02); discovery under Penal Code Section 1054 et seq. ordered in all criminal proceedings, privilege or good cause claims by noticed motion heard before the trial readiness conference, and sanctions (4.03); motion dates reserved with the courtroom clerk of the assigned department before filing, misdemeanor PC 1203.4 motions heard with the misdemeanor probation violation calendar, written motions with a courtesy copy to the courtroom, felony motions heard before the preliminary examination or at least fourteen (14) days before trial, misdemeanor motions at least three (3) Court days before trial, Penal Code section 995 motions heard by another judge, and a fifteen (15) page limit (4.04); motions under Penal Code section 1538.5 with an itemized list of the items to be suppressed, the specific legal and factual basis, the intended witnesses on the first page, copies of the search warrant, affidavit and inventory, and any unwillingness to stipulate to the preliminary examination transcript stated on the first page (4.05); motions in limine, complex trial motions and motions requiring live testimony filed and served no later than three (3) court days before the first trial assignment date (4.06); sanctions for failures under the criminal law and motion rules (4.07); jury instructions filed by 1:30 p.m. on the first day of trial (4.08); writ petitions on misdemeanor or infraction charges filed with the clerk's office of the Appellate Division, habeas corpus petitions with the Criminal Clerk's office (4.09); pleas to a felony transcribed only on the presiding judge's order (4.10); new in custody felony complaints filed by 11:00 a.m. on the date set for arraignment, in custody misdemeanor complaints by 2:00 p.m. the court day before, and out of custody complaints at least four (4) working days before (4.11); a written transcript of any audio or video recording provided before it is played, exchanged three (3) days before the hearing and filed three (3) days before trial (4.12); a hearing on a source of bail order under Penal Code Section 1275.1 requested with a declaration or offer of proof served on the District Attorney at least forty-eight (48) hours before the hearing, set no sooner than five (5) court days from the request (4.13); conflicting appearances reported in writing to the calendar clerk of each court within two court days, and sanctions under Penal Code section 1050.5 of up to $1,000 for unreported double settings (4.14); retained counsel relieved only on a written motion served on the defendant and the People stating the defendant's last known address (4.15); fees by a schedule kept by the Clerk of the Court (4.16); expert and investigator fee requests under the written policies on file with the Clerk of the Court (4.17); Keenan counsel requests under the written policies on file (4.18); search warrant requests on completed forms, after hours to the on-call judge (4.19); motions to continue disfavored, filed and served at least two (2) court days before the hearing on Local Form CR-003 with points and authorities and a declaration, and the rescheduled event held within 30 days where possible (4.20); contested misdemeanor matters electronically recorded, recordings preserved sixty (60) days after final judgment or thirty (30) days in other cases, and copies on written request at least two weeks ahead for a fee (4.21); the Drug Court and the FAIRS Mental Health Treatment Court - eligibility, the plea and waivers on entry, and dismissal or reduction on completion (4.22); and the Veteran's Treatment Court - eligibility under PC 1170.9, diversion under PC 1001.80, exclusions, termination, referral, phases and monthly graduation at 10:00 am (4.23).
RULE 4 CRIMINAL 4.00 Direct Calendaring of Criminal Cases The criminal departments shall consist of Judges as may be assigned by the Court's Presiding Judge. All felony and misdemeanor criminal cases shall be directly assigned to a criminal department judge for all purposes at the time of the arraignment on the complaint. Judges so assigned will preside at the trial of the matter and process the c
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 51 to 71, printed pages 51 to 71) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) belong to no card.
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 > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 4 CRIMINAL 4.00 Direct Calendaring of Criminal Cases The criminal departments shall consist of Judges as may be assigned by the Court's Presiding Judge. All felony and misdemeanor criminal cases shall be directly assigned to a criminal department judge for all purposes at the time of the arraignment on the complaint. Judges so assigned will preside at the trial of the matter and process the case in its totality following the arraignment. For felonies initiated by grand jury proceedings, the case shall be directly assigned to a criminal department judge at the time of the arraignment on the indictment. The Executive Committee shall adopt assignment criteria to ensure an equitable distribution of the criminal cases. The Calendar Clerk shall be responsible for notifying the arraignment judicial officer of the judge assigned on each case according to the assignment criteria. By this rule, the Presiding Judge delegates to the judicial officer conducting arraignments the authority to make the all-purpose assignment as determined by the assignment criteria or the direction of the Presiding Judge. The judicial officer conducting arraignments shall ensure that the assigned judge is named in the appropriate space on the arraignment minute order. The assigned judge may change in the event that the attorney appointed by the court is relieved due to conflict. In such cases, the assigned judge is delegated authority by the Presiding Judge to reassign the case for all purposes to the criminal judge handling the new appointed attorney’s cases, as determined by the assignment criteria. The judge reassigning the case is responsible for ensuring that the newly assigned judge is named on the minute order. In the event of unavailability, another criminal judge or an assigned or temporary judge may handle cases directly assigned to the unavailable judge, but the case shall remain directly assigned to the unavailable judge who shall handle all matters related to the case upon their return. (1/1/07, 7/1/24) 4.01 Assignment of Cases Criminal cases which are subject to direct calendaring shall be randomly assigned to a criminal department judge for all purposes at the time of arraignment on the complaint. (1/1/07, 1/1/20) 4.02 Bail Schedules A. Pursuant to Penal Code section 1269b(d), a uniform countywide bail schedule for felony, misdemeanor and infraction offenses will be prepared, reviewed, revised and approved annually by the judges assigned to the Criminal Division. The bail schedule will be deemed adopted by the Court upon approval by a majority of the judges assigned to the Criminal Division at the time of review. The schedule will be effective on the date adopted or as specified by the approving judges. B. Pursuant to Penal Code section 1269b(a), the clerk of the superior court does not approve and accept bail. (1/1/22) 4.03 Discovery in Criminal Cases A. Discovery in criminal cases is governed by Penal Code Section 1054, et. seq. and all parties are ordered to comply. This order shall be in effect in all criminal proceedings and there shall be no need to seek a further order of Court prior to seeking an enforcement of this order as long as the party seeking enforcement has made an informal request described in Penal Code section 1054.5(b). B. Any party asserting a work product or other privilege, pursuant to Penal Code Section 1054.6 or a good cause exception, must assert that privilege or exception by noticed motion, which shall be heard prior to the date of the trial readiness conference. The factual showing establishing a claim of work product, privilege, or good cause need not be set forth in the motion or accompanying points and authorities. The factual showing may be made to the court in-camera upon the moving party's request. The request to make an in-camera showing shall be made in the motion. If the Court hears the matter in-camera, the Court shall follow the procedure for establishing and sealing the record of the in-camera hearing set forth in Penal Code section 1054.7. C. In the event of a failure to comply with the obligations set forth in Penal Code Section 1054, et. seq., the Court may impose sanctions including, but not limited to: 1. immediate disclosure; 2. contempt; 3. delaying or precluding the testimony or evidence; 4. continuance; 5. jury instruction commenting on the party's failure to comply with their discovery obligations; 6. dismissal where required by the United States Constitution; 7. imposition of monetary sanctions on counsel and/or; 8. other sanctions deemed appropriate by the Court. (1/1/05) 4.04 Criminal Law and Motion Motion dates must be reserved with the courtroom clerk of the assigned department prior to filing. Misdemeanor PC 1203.4 motions will be heard with the misdemeanor probation violation calendar. A. All motions and responses thereto shall be filed in writing unless good cause is shown. Said motions and responses shall include the department, date and time of hearing, the theories relied upon for the granting or denying of the motion, points and authorities and any required declarations. At the time any pleading is filed, the party filing the pleading shall either 1) deliver a courtesy copy of the pleading to the courtroom where the case is assigned or 2) if the judge assigned to the case has indicated that email delivery is acceptable, email a copy to the judge. This courtesy copy shall be in addition to the original plus two (2) copies already required. Orders presented for signature in court shall be presented with an original and two (2) copies. The signature line must always be at the end of the order and not followed by any attachment. It should never be on a page by itself. Unless otherwise allowed or required by statute or Rule of Court, all motions made following the filing of a felony complaint shall be made so that they can be timely served and heard prior to the date the preliminary examination is scheduled to be heard. Unless otherwise allowed or required by statute or Rule of Court, all motions made following the filing of an Information or Indictment must be made so that they can be timely served and be heard at least fourteen (14) days before trial. Said motions must include the date of jury trial and shall state the number of pages in the transcript of the preliminary hearing, grand jury proceedings, or other hearing being reviewed on the face sheet of the motion. Unless otherwise allowed or required by statute or Rule of Court, all motions made following the filing of a misdemeanor complaint must be made so that they can be timely served and filed to be heard at least three (3) Court days before trial. Motions pursuant to Penal Code section 995 shall be heard by a judge other than the assigned trial judge. The Calendar Management Department shall assign the judge who will hear the motion. Hearing dates will be set by Calendar Management in conjunction with the courtroom clerk of the judge assigned to hear the motion. Counsel shall provide at least three alternate dates for the hearing. A motion shall be deemed to have been made within the meaning of Penal Code section 1510 on the date the motion is submitted to the clerk. B. Failure to File Memorandum of Points and Authorities/Failure to Address Issues Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless the new issues were not reasonably discoverable before the motion was filed or there is other good cause shown. Failure to deliver or email a courtesy copy of pleadings to the courtroom in which the case is assigned as required by Rule 4.04A shall not constitute grounds to deny a motion or disregard a responsive pleading, but it may serve as grounds to continue the hearing. A memorandum of points and authorities shall not exceed fifteen (15) pages, excluding exhibits, declarations or attachments. Any party may request by written notice to the court scheduled to hear the motion, a request to exceed the fifteen (15) page limitation two (2) days before the motion is to be filed or response due. Such written request set forth good cause why the fifteen (15) page limit needs to be exceeded. (7/1/16) 4.05 Motions Under Section 1538.5 of the Penal Code Failure to comply with any portion of this rule may constitute cause for denial of the motion. In all cases, the motion must be written and must comply with Rule 4.04 and 1538.5 PC. The following requirements apply in addition to those specified in the aforementioned rules: A. List of Items to be Suppressed or Returned: The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return "all evidence seized," without greater specificity, is not sufficient and shall be deemed an abandonment of the motion. Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed. B. Specification of Factual and Legal Basis for Motion: The moving party's memorandum of points and authorities shall identify the specific legal and factual basis and cite the specific authority which will be offered to support the claim the search or seizure was defective. Failure to identify the specific legal and factual basis for the claim will be deemed a concession the search and/or seizure was lawful and will result in summary denial of the motion. C. Specification of Intended Witnesses: Moving and responding parties shall specify, on the first page of the notice of motion or response, the name of the witnesses, if any, they intend to call at the hearing. D. Copy of Search Warrant, Affidavit, and Inventory: If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be appended to the moving papers. E. Stipulation to Transcript of Preliminary Examination Superior Court: When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the notice of motion or response. Failure to so indicate shall be deemed a stipulation of the transcript into evidence. (1/1/05) 4.06 Motions at Trial A. Felony and Misdemeanor Cases In felony and misdemeanor cases, 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 three (3) court days before the first trial assignment date. (7/1/16) All evidentiary in limine motions necessitating testimony must be clearly labeled: LIVE TESTIMONY NECESSARY. All in limine motions seeking to exclude or admit evidence or testimony shall include the following: 1. an itemized list of the evidence the party is seeking to exclude or admit; 2. a summary of the expected testimony the party is seeking to exclude or admit and a list of the witnesses the party expects will give that testimony and; 3. points and authorities. All motions made by the People seeking the admission of evidence pursuant to Evidence Code §1101(b), or 1108 or 1109, shall include, in addition to the items set forth in paragraph D, relevant portions of the police reports, transcribed witness statements, and preliminary hearing and trial transcripts, relating to the uncharged offense when such documents are available. (7/1/13) 4.07 Sanctions The court may impose sanctions for failure to comply with rules pertaining to criminal law and motion which may include, but not limited to: monetary sanctions, refusal to hear the motion, continuance, exclusion of evidence, issue preclusion, or any other relief or sanction the Court deems appropriate. (1/1/05) 4.08 Jury Instruction Counsel or defendant shall file jury instructions with the Court by 1:30 p.m. on the first day of trial in completed form with supporting authorities. Upon good cause, defendant or prosecution may file additional instructions following the conclusion of all the evidence. Good cause includes the defendant not wishing to disclose their theory of defense to the prosecution prior to the conclusion of the evidence. (7/1/07, 7/1/24) 4.09 Extraordinary Writs All petitions for writ of mandate and/or prohibition involving a misdemeanor or infraction charge shall be filed with the clerk’s office of the Superior Court Appellate Division, to be reviewed and determined by the assigned appellate panel. (Pursuant to Cal. Const. art. VI, section 10; C.C.P. 1068(b), 1085(b) and 1103(b)). All petitions for writ of habeas corpus shall be filed with the Superior Court Criminal Clerk’s office, to be received and assigned by the presiding judge of the criminal department or their designee to a Superior Court judge for review and determination. Any and all other extraordinary writ petitions shall be handled by the presiding judge of the criminal department or their designee. (1/1/08, 7/1/24) 4.10 Transcripts Pleas of guilty or nolo contendere to a felony offense will be transcribed only upon the order of the judge presiding. (1/1/05) 4.11 Filing of Complaints in Criminal Cases A. In Custody Matters – New felony complaints shall be filed not later than 11:00 a.m. on the date set for arraignment, unless otherwise directed by the Supervising Criminal Judge. New misdemeanor complaints shall be filed not later than 2:00 p.m. the court day prior to the date set for arraignment, unless otherwise directed by the Supervising Criminal Judge. (1/1/22) B. Out of Custody Matters – New complaints shall be filed at least four (4) working days prior to the date set for arraignment, unless otherwise directed by the Supervising Criminal Judge. (1/1/22, 7/1/22) 4.12 Recordings No audio or video recording having audio shall be marked for identification, admitted as an exhibit, or played before the Judge or jury unless the proponent thereof first provides the Court with a written transcript of the recording. Transcripts of any audio or video recording shall be exchanged three (3) days prior to the hearing and a copy filed with the court three (3) days prior to trial. (7/1/16) 4.13 Motion to Determine Source of Bail - Penal Code § 1275.1 When a Source of Bail Order pursuant to Penal Code Section 1275.1 has been signed by a judge in a case, the following procedure shall be followed by the defendant in calendaring the matter for hearing to show that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained: A. The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (1) The identity of the bail agent and surety, or, if there is no surety, the depositor; (2) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (3) The source of the security or pledge, including the name and address of the owner, and description of the property. B. The declaration or offer of proof shall be filed and personally served on the District Attorney not later than forty-eight (48) hours before the hearing, which shall be set no sooner than five (5) court days from the hearing request absent an order shortening time for good cause. C. At the hearing, the defendant shall produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security for examination and cross-examination. (1/1/23) 4.14 Timely Appearance of Counsel, Scheduling Conflicts and Required Notification 1. Counsel must make reasonable efforts to avoid scheduling conflicting court appearances. 2. Counsel shall advise the Court of any conflicting, previously set hearings or trials when scheduling any trial or hearing. 3. If counsel has conflicting appearances scheduled, they shall advise the Court as provided by this rule. In cases where counsel does not expect to be delayed more than fifteen (15) minutes they may check in with the clerk of the department expecting them and so advise the clerk. 4. Within two court days of learning that they have a conflict in the scheduling of any court hearing, including a trial, counsel shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. 5. In its discretion, the Court may choose to set a trial that conflicts with a previously set trial if it believes that its trial will not be necessary because of a disposition. If the Court chooses to do so, it will note in the record that if the conflicting trial is not resolved by disposition prior to trial, the Court will grant a motion to continue it. 6. If the Court chooses not to double set its trial with a trial previously set, it will choose another date when no conflict exists. 7. If counsel does not advise the Court of a previously set trial and/or double-sets trials, they do so at their own peril. If the first set trial does not reach disposition, the Court may choose to proceed with the first trial as scheduled. In the event counsel is unavailable due to conflicting settings not set as noted in number 5 above, the Court, after notice and an opportunity to be heard, and in its discretion, shall impose sanctions pursuant to Penal Code section 1050.5 including one or both of the following: • A fine not exceeding one-thousand ($1,000) dollars; • The filing of a report with the appropriate disciplinary committee. (7/1/22) 4.15 Motion to be Relieved As Counsel -Retained Counsel A. An attorney retained to represent a defendant in a criminal proceeding shall not withdraw from such representation except by order of the Court upon a timely motion. B. Except when a defendant fails to appear and a bench warrant is issued, all motions to be relieved shall be in writing and served by counsel on defendant prior to the hearing and comply with Code of Civil Procedure sections 284 and 285 and California Rules of Court 3.1362. Counsel for defendant shall also serve a copy of the motion on the People. C. Any motion to be relieved shall include a declaration stating the defendant's last known address along with facts indicating when that address was last confirmed as valid by counsel. If the whereabouts of the defendant are unknown, the declarations shall include facts constituting reasonable diligence in ascertaining the defendant's last known address. (7/1/07) 4.16 Fees Fees for various services in Criminal Cases shall be paid according to a schedule kept by the Clerk of the Court. The fees may be changed by a majority vote of the Judges of the Court without formal amendment of these Rules. (7/1/19) 4.17 Expert and Investigation Fees Requests Applications for hiring of and payment to investigators and experts shall be made in compliance with the established written policies and procedures on file with the Clerk of the Court. (1/1/05) 4.18 Requests for Appointment of Keenan Counsel Requests for appointment of Keenan Counsel in capital cases shall be submitted in accordance with established written policies and procedures on file with the Clerk of the Court. (1/1/05) 4.19 Requests for Search Warrants All requests for search warrants must be submitted in proper and completed form. All requests made other than during hours of normal Court operation shall be made to the primary on-call judge or secondary on-call judge if the primary on-call judge is not available. (Rule 4.19 [1/1/05] amended July 1, 2024) 4.20 Continuances A. As set forth in the Court’s Continuance Policy, motions to continue are generally disfavored. Except in very unusual circumstances, a written motion for continuance, as required by Penal Code § 1050, shall be filed and served on all parties to the proceeding at least two (2) court days before the hearing to be continued. Motions must be submitted on Local Form CR-003, Notice of Motion to Continue Hearing together with (1) a memorandum of points and authorities is support of the motion; and, (2) a declaration(s) detailing specific facts showing that a continuance is necessary. The declaration shall state the following: (1/1/23) 1. Position of opposing counsel or party to the motion to continue; 2. Proposed new date of hearing or trial, and availability of all material witnesses for the proposed new date; and, 3. Number of times the matter has been continued, by which party(ies), and reasons for prior continuance(s). B. As a guide to practitioners, the following will generally not be considered sufficient cause to grant a continuance: 1. Counsel or the parties agree to a continuance; 2. The case has not previously been continued; 3. The case will likely settle if a continuance is granted; 4. Discovery has not been completed by the party requesting the continuance; 5. New counsel has entered an appearance in the case, or a party wants to retain new counsel; 6. Unavailability of a witness who has not been subpoenaed; 7. A party or counsel is unprepared to try the case for reasons including but not limited to the party’s failure to maintain necessary contact with counsel; or 8. Any continuance of trial beyond a second trial date setting. C. The following will generally be considered sufficient cause to grant a continuance: 1. Sudden medical emergency (not elective medical care) or death of a party, counsel, or material witness who has been subpoenaed; 2. A party did not receive notice of the setting of a hearing or trial date through no fault of that party or that party’s counsel; 3. Facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view of the Court, would likely cause undue hardship or possibly miscarriage of justice if the hearing or trial is required to proceed as scheduled; 4. Unanticipated absence of a material witness for either party; 5. The case was inadvertently set on a religious holiday, if the continuance request is made substantially in advance of the hearing or trial date; 6. A scheduling conflict between cases in another department. Counsel, as soon as possible must notify the judges and parties involved to resolve the conflict. Upon being advised of the conflict, the judges shall confer in an effort to resolve the conflict and in doing so may consider the following factors: the nature of the cases; whether either defendant waived their right to a speedy trial; the relative impact on the Court’s calendar of a particular case proceeding as scheduled; whether either cases involves out-of-town witnesses, parties or counsel; the relative age of the cases; the matter that was first set; any priority granted by rule or statute; and any other pertinent factor; 7. Illness or family emergency of counsel. D. At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. Whenever possible, the Court shall hold the rescheduled court event no later than 30 days after the date from which it was continued. 4.21 Recorded Proceedings in Misdemeanor Cases A. All contested matters will be electronically recorded. All other matters will be recorded only upon the request of a party. B. Recordings shall be preserved by the clerk as follows: 1. In all contested matters (motions and trials), recordings will be preserved until sixty (60) days following final judgment. In cases involving multiple defendants, recordings will be preserved until sixty (60) days following final judgment of the last co-defendant. Recordings shall also be preserved until the appeals of all defendants are final. 2. In all other cases, the recordings will be preserved for thirty (30) days after the recording date, unless a party shall have delivered to the clerk a request, in writing, stating the particular case and date recorded in which case the recording will be preserved for sixty (60) days. 3. Unless otherwise ordered by the Court, recordings of proceedings are public records and may be examined under reasonable conditions, to be specified by the clerk. 4. Upon written request, specifying a particular case and recording number, the clerk may duplicate the recording for a fee. In order to ensure that your request is processed timely, you must submit your written request at least two weeks prior to the desired completion date. (7/1/19) 4.22 Specialty Courts A. Drug Court The mission of the Stanislaus County Drug Court Program is to hold accountable and treat non-violent substance abuse offenders through an intensive program that embraces the principles of regular judicial intervention, a highly structured treatment program, a system of graduated rewards and sanctions, and emphasizes maintaining family structure. The intent of the Drug Court Program is to provide a system of treatment and accountability for substance abuse offenders in order to break the cycle of substance abuse and incarceration in state prison. The Drug Court Team consists of the Drug Court Judge, the Drug Court Deputy District Attorney, the Defense Attorney, the Probation Officer assigned, and the substance abuse counseling staff. 1. Eligibility Criteria a. The program is open to a defendant who acknowledges current or significant and problem alcohol or drug use that is verified by the facts of the offense and/or past history (e.g. Criminal, Family Court, Treatment and Probation history) b. The defendant must reside in Stanislaus County while participating in Drug Court. c. The defendant must currently be abusing alcohol, narcotics or controlled substances. d. Acceptance into the Drug Court Program requires the unanimous agreement of the Drug Court Team. e. A defendant is not eligible for Drug Court if currently charged with sales or possession for sales or manufacturing. A defendant with any prior conviction for sales or possession for sales or manufacturing is not eligible, except with the unanimous agreement of the Drug Court Team. f. A defendant is not eligible if the current charges allege, or if the facts of the offense involve, the use or threat of force against the person of another, or the death or serious bodily injury to any other person or must enroll in and complete a 52-week Batterer’s Treatment Program. g. A defendant with any current commitments to state (Post Release Community Supervision/Mandatory Supervision) or federal prison (Federal Probation) is not eligible. h. A defendant with in the last five (5) years of a prior commitment to state or federal prison is ineligible, except in unusual circumstances where it appears in the discretion of the Drug Court Judge that the defendant will benefit from treatment and is not currently on State Parole. i. A defendant with outstanding out-of-county warrants or foreign holds is not eligible. j. A defendant currently charged with any offense listed in PC 1192.7 or PC 667.5 (c) is not eligible. k. A defendant with any prior conviction for any offense listed in PC 1192.7 or PC 667.5 (c) is not eligible, except with the unanimous agreement of the Drug Court Team. l. A defendant with either current charges or prior convictions for sex-related offenses, including, but not limited to, those enumerated in PC 290, PC 311, PC 314, PC 647 (a), and PC 647.6, is not eligible. (1/1/17) 2. Policies and Procedures a. Upon acceptance into Drug Court, the defendant must plead guilty or nolo contendere, waive all pretrial rights, and waive referral to the Probation Department for a pre-sentence report and investigation. b. Imposition of sentence, or execution of sentence, shall be suspended and the defendant shall be sentenced to formal probation under general terms and conditions and the following recommended specific terms of probation: i. Make full restitution (if appropriate). ii. Totally abstain from the use or possession of intoxicating beverages or being in or about any place of business where the primary item sold is intoxicating beverages for consumption on the premises. iii. Submit your person, vehicle, property to search for controlled substances, alcohol, and any other appropriate search required. iv. Participate in random alcohol and controlled substance urine analysis testing. v. Do not use or possess narcotics, controlled substances, and restricted or prescribed drugs except with a valid prescription. vi. Participate in and complete the Drug Court Program. vii. Participate in and complete an in custody or residential treatment program (if appropriate). viii. Comply with all directives in the Drug Court Contract. ix. All required fees and fines be imposed but stayed pending successful completion. c. If participants have pled prior to entry into Drug Court then upon satisfactory completion of the Drug Court Program, the Drug Court Judge will terminate probation and reduce any felony to a misdemeanor (if appropriate). d. A defendant who pleads guilty or no contest in order to enter Drug Court shall, upon successful completion of Drug Court and payment of restitution, if any, have the charges(s) dismissed. e. Upon termination from the Drug Court Program, after consideration of factors in mitigation and aggravation, the Drug Court Judge will immediately pronounce judgment. B. Mental Health Treatment Court The mission of the Stanislaus County Facilitative Adjudication and Intensive Rehabilitative Services (FAIRS) program is to hold mentally ill offenders accountable while enlisting their participation in flexible and intensive treatment programs tailored to their specific assessed needs. The program provides Facilitative Adjudication through a dedicated Mental Health Treatment Court. As of March 2007, the program embraces the principles of regular judicial intervention, case management, targeted treatment and a system of graduated rewards and sanctions to encourage compliance and continued participation in the mental health and drug dependency treatment regimens. The key objective of FAIRS Mental Health Treatment Court is to prevent the incarceration of mentally ill offenders by securing their release from jail for appropriate community intervention and treatment services. The Mental Health Treatment Court team consists of the Mental Health Treatment Court Judge, Deputy District Attorney, Deputy Public Defender, Behavioral Health Specialist, Psychiatric Nurse and Deputy Probation Officer. 1. Eligibility Criteria a. The program is open to a defendant who is identified as suffering from a DSM V Axis I disorder; whose primary diagnosis is not a substance abuse disorder; and to those with a non-substance abuse Axis I disorder and a co-occurring substance abuse disorder whose mental illness may likely contribute to their involvement in the criminal justice system. In determining whether an individual is eligible and amenable for Mental Health Court, the focus should not be on the level of severity of the individual's mental illness, but rather, on whether the services provided through Mental Health Court are likely to improve defendant's mental health in a manner that meaningfully reduces the risk of recidivism. b. The defendant must reside in Stanislaus County while participating in the program. c. Acceptance into the FAIRS program requires unanimous agreement of the Mental Health Treatment Court team. d. A defendant is not eligible if: i. The current charges allege, or the facts of the offense involve use of a firearm or other deadly or dangerous weapon; great bodily injury to another person or the death of a person. ii. The current charge is murder, voluntary manslaughter or attempted murder. iii. The current charges or prior convictions are felony sex-related offenses, including, but not limited to PC 290, PC 311, and PC 647.6. iv. A defendant has outstanding out of county warrants, foreign holds or is currently on state or federal parole. e. However, in a misdemeanor case, following successful competency restoration, a defendant excluded under section 1(d) may be accepted into the FAIRS program. The eligibility of a defendant currently charged with or conviction for an offense listed in PC 1192.7 or PC 667.5(c) will be considered with caution but may be eligible. f. If the circumstances are such that it appears to the Mental Health Treatment Court Team that the defendant would benefit from treatment and poses a low risk of harm to the community. 2. Policies and Procedures a. Upon acceptance into the Mental Health Treatment Court, the defendant must plead guilty or nolo contendere, providing they are able to do so, must waive all pretrial rights and waive referral to the Probation Department for a pre-sentence report and investigation. If a defendant is incapable of entering a plea, the defendant must comply with the terms set forth in the Mental Health Treatment Court Contract. b. For the purpose of participation in the Mental Health Treatment Court component of the FAIRS program, the defendant must agree to comply with the directives of the Mental Health Treatment Court contract, which will include the following conditions: i. Obey all laws, also orders of the Court and reasonable and proper directions of the Mental Health Treatment Court team. ii. Totally abstain from the use of alcohol, drugs or other chemical substances not prescribed by a licensed practitioner. iii. Attend and actively participate in group counseling sessions as directed by program personnel. iv. Attend and actively participate in individual counseling sessions as directed by program personnel. v. Submit to urinalysis or other testing as directed by program personnel. vi. Submit person, vehicle and place of abode to search for controlled substances and alcohol, at the direction of any peace officer, with or without probable cause or reasonable suspicion. vii. Participate in other outpatient or residential treatment programs as directed by program personnel. viii. Appear before the Mental Health Treatment Court Judge at such times and dates as directed by the Court or program staff. ix. Immediately notify the Probation Officer of any change of address and/or telephone number. x. Participate in the Mental Health Treatment Court component of the FAIRS program for a minimum of one (1) year, to a three (3) year maximum. xi. Be prohibited from having possession, custody or control of any weapon or ammunition, including any type of firearm. xii. Comply with FAIRS individual treatment contract. xiii. Take all mental health medications as prescribed. xiv. Pay restitution as ordered by the Court and directed by Probation. If the defendant successfully completes the Mental Health Treatment Court program, (s)he may withdraw the guilty plea(s) and the criminal complaint(s) filed will be dismissed without having suffered a criminal conviction. If the defendant enters the program post-conviction, the felony charge(s) may be reduced to a misdemeanor and probation will be terminated. Failure to comply with all program requirements, and/or failure to comply with the directions of program staff, may result in imposition of sanctions, program termination and/or incarceration. (7/1/24) C. Domestic Violence Cases (See Local Rule 4.31) (1/1/17) 4.23 Veteran’s Treatment Court The mission of the Stanislaus County Veteran’s Court Program is a hybrid drug court and mental health court model whose aim is to strike a proper balance between treating the justice-involved veteran and protecting the community. (7/1/19, 7/1/22) 1. Eligibility Criteria a. Residents of Stanislaus County only. (7/1/19) b. Must be a Veteran as defined in 38 U.S.C. 5303A (b), or have been the victim of Military Sexual Trauma (MST), or is otherwise eligible for Veterans Affairs’ health or disability benefits. (7/1/22) c. Preference given to combat veterans. d. Participant must suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States Military (PC 1170.9 eligible). e. Participant must be placed on probation unless the VTC team determines the defendant charged with a misdemeanor is appropriate for diversion pursuant to PC 1001.80. The fact an executed prison sentence is suspended will not be a disqualifying factor. i. Exclusionary factors for diversion are as follows: 1. No prior diversion 2. No second time offenses 3. No violent misdemeanor charges ii. Time line for diversion is a follows: 1. 12 months misdemeanor diversion 2. Red phase 90 days. (If veteran hasn’t exited red phase within 90 days consider terminating veteran from further participation.) White phase 180 days Blue phase 90 days (7/1/22) f. Participant must voluntarily and willingly agree to participate in the VTC program. g. VTC Team decisions are intended to be unanimous. In the event a unanimous decision cannot be reached, the assigned VTC judge will make the final decision. 2. Exclusionary Factors a. A defendant with any current commitments to state or federal prison is not eligible. A defendant with a current commitment to local prison pursuant to PC 1170(h) may be eligible upon agreement of the VTC team. b. A defendant with a pending case or pending pronouncement of judgment on disqualifying charges is not eligible. c. A defendant with outstanding out-of-county warrants or foreign holds is not eligible. d. A defendant charged with or previously convicted of any offense listed in PC 1192.7 is not eligible, except with the agreement of the VTC team. e. No PC 667.5(c) violent felony current or prior convictions. f. A defendant with current charges for sex-related offenses, including, but not limited to, those enumerated in PC 290, PC 311, PC 314, PC 647 (a), and PC 647.6, is not eligible. g. No sex, arson or gang registrants. h. No documented gang members. i. No DUI cases in which the defendant has two or more prior DUI convictions, except with the agreement of the VTC team. j. The defendant is not eligible, if as the result of the current offense, the victim suffered death or great bodily injury, except upon agreement of the VTC team k. For defendants with charges that are not eligible for VTC; if the case resolves in its assigned court for charges that are eligible for VTC, the case may be sent to VTC for assessment, and if accepted into VTC, sentencing and probation will be monitored through VTC. (7/1/22) l. Any defendant who has participated in a Veteran’s Treatment Court within five years of the date of the current offense is not eligible for referral to Stanislaus County VTC. (7/1/22) 3. Termination a. Grounds for Termination i. Failure to comply with the VTC program/probation conditions. ii. Participant is found not amenable to treatment. iii. Failure to perform and a lack of progress in the VTC program. b. New offenses: i. Felony and Misdemeanor filings: Default is termination, unless in the interests of justice the VTC team agrees that the participant may remain in the program. (7/1/19) ii. Arrests (No Filing by District Attorney): May result in termination. c. Presumed Termination from VTC i. Failure to report to probation after sentencing, combined with failure to appear at first court appearance after sentencing. ii. Failure to report to and/or attend treatment and assigned programs. iii. Threatening or disrespectful behavior toward program staff or a fellow participant. iv. Leaving residential treatment without permission or being terminated from residential treatment for negative/inappropriate behavior. d. Automatic Termination from VTC i. Failure to appear in Court and absence for at least 60 days after failure to attend treatment or assigned programs, or absconding from residential treatment. ii. Falsifying required meeting attendance documents. iii. Falsifying a drug test. e. If participants have pled prior to entry into VTC, upon satisfactory completion of the program, probation will be terminated successfully. f. If participants plead guilty or no contest in order to enter VTC, upon satisfactory completion of the program and payment of any ordered restitution, probation will be terminated successfully and charges will be dismissed. g. The Judge will consider termination after consideration of factors in mitigation and aggravation. Upon termination the Judge will immediately announce judgment. 4. Referral Process a. Initial Referral i. (1) Defense attorney notifies the Court and DDA when a case may be eligible for VTC and requests the matter be referred b. Eligibility Determination – Two requirements i. The defendant must be a veteran ii. The defendant must qualify under PC § 1170.9 (PTSD. TBI, MST, or other mental condition resulting from military service) c. There will be a maximum of 80 cases set each month. Further referrals will be set for the following month, unless authorized by the Court to exceed the 80-case limit. (7/1/19) d. There will be a maximum cap of 30 VTC clients. 30 Diversion clients. Further clients must be approved by the Court. Once cap is reached, program will be closed until the cap reduces 60 clients. At which time, the program will reopen to new clients. (7/1/19) 5. Phases- Phase 1=Red, Phase 2 = White and Phase 3 =Blue Movement between phases should be at the initiation of defendant and total agreement of treatment team. (7/1/22) Veteran will have 3 years to complete phases to move towards graduation. a. Felony i. Phase I- Red 90 days min/ 6 mos max ii. Phase II -White 1 yr min/ 2 yrs max iii. Phase III- Blue 90 days min/6 mos max 1. Complete 40 hours of community service to waive fines/fees b. Misdemeanor i. Phase I- Red 90 days min/ 6 mos max ii. Phase II – White 6 mos min/ 2 yrs max iii. Phase III – Blue 90 days min/ 6 mos max 1. Complete 20 hours of community service to waive fines/fees. a. Provide proof the month before set to graduate 6. Graduation Graduation will be held monthly on a normal Veteran’s Treatment Court day. Graduation will be at 10:00 am. (7/1/22) a. Determined by criteria determined by VTC team. But at a minimum 1. A period of treatment and supervision. 18 months shall be considered the customary length of treatment and supervision. 2. Payment of victim restitution as determined by VTC team 3. No positive drug or alcohol results for 3- 6 consecutive months. Time to be determined by MDT. 4. No unexcused absences for scheduled programs for 60 days 5. Obtain gainful, consistent employment or sufficiently involved in a vocational training program or unable to work due to injury 6. Achieved stable living arrangement 7. Achieved understanding of addiction and its impact on personal life, criminal behavior, and relapse prevention 8. Fulfillment of treatment goals and objectives 9. Achieve understanding of the importance of clean and sober fellowship Numbers 6, 7, and 8 will be shown through essay(s) written by the veteran as a graduation requirement. The essay(s) are to be read by the veteran at graduation. (7/1/16)
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.