New proposals have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.
Item Number: SP18-12
Criminal: Rules and Forms: Qualification of Counsel for Appointment in Death Penalty Appeals and Habeas Corpus Proceedings (adopt rules 8.601 and 8.652, amend rule 8.605; amend rule 8.600 and renumber as 8.603)
Summary: The Proposition 66 Rules Working Group is proposing amendments to the rule relating to the qualifications of counsel in death penalty appeals and habeas corpus proceedings, including moving to a new rule the provisions regarding the qualifications of counsel in death penalty–related habeas corpus proceedings. These proposed rule changes are intended to fulfill the Judicial Council’s obligation under Proposition 66 to reevaluate the competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings.
Item Number: SP18-13
Criminal: Criminal and Appellate Procedure: Superior Court Appointment of Counsel in Death Penalty–Related Habeas Corpus Proceedings (adopt rules 8.654 and 8.655; and adopt forms HC-100 and HC-101)
Summary: The Proposition 66 Rules Working Group is proposing the adoption of two new rules and two new forms relating to the superior court appointment of counsel in death penalty–related habeas
corpus proceedings. These proposed rules and forms are intended to partially fulfill the Judicial Council’s rule-making obligations under Proposition 66 by providing procedures for superior courts to determine if an attorney meets the minimum qualifications for counsel in death penalty–related habeas corpus proceedings and to appoint such counsel for indigent persons subject to a judgment of death.
You are welcome to distribute this to any other interested parties. The deadline for comment is 5:00 p.m., Friday, August 24, 2018.
If you have any questions, please contact Benita Downs, at email@example.com, or at 415-865-7957.