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Interim COVID-19 Claims Extended through December 31, 2022

The JCC has approved an extension for submission of additional interim COVID-19 claims through the end of the 2022. This includes:

--A pre-AOB interim claim: (1) where the record length exceeds 1,500 pages, or (2) where counsel has been waiting for an augmented or corrected record longer than 90 days; and
--An additional, post-AOB interim claim may be submitted after the reply brief is filed.

The letter from the JCC authorizing the extension is available here (link to PDF). Categories of billable time for these claims are explained in the joint-project memo, which is available here (link to PDF).

 

Oral Argument Updates

Beginning with oral argument in June 2022, the Court of Appeal, Third Appellate District, will conduct oral argument in-person at the Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento, California 95814. Those participating in oral argument who do not wish to appear in-person may file an application to appear telephonically. Telephonic oral argument will be granted only upon a showing of exceptional good cause.

The Fifth District recently released a memo indicating that in-person and video oral arguments will begin in May. They are arranging the capability to have attorneys in court and via video on the same case. If you are arguing in court, you will be able to see the party appearing via video. If you are arguing remotely, you will be able to see all the justices and the opposing party. The justices will have individual monitors on the bench and will be able to view all parties.

 

 

 

 

 

Hourly Rate Increase for CAC Panel Attorneys!

The Legislature and the Governor have agreed to a framework for the 2022-2023 budget, which includes a $15 rate increase for appointments through the Court-Appointed Counsel (CAC) Program in the Courts of Appeal.

For appointments on or after 7/1/22, the new hourly rates are as follows:

-$130 for upper-tier independent appointments
-$120 for all other independent appointments
-$110 for all assisted appointments

For information about determining the rate for a specific case, see CCAP's Rate Information webpage.

New Acting Presiding Justice in the Third District and Extension of Time Requests

Presiding Justice Vance Raye of the Third District Court of Appeal has retired, effective June 1, 2022. Associate Justice Ronald Robie has been appointed as the new Acting Administrative Presiding Justice of the Third District by the Chief Justice until the Governor appoints a replacement.

The Third District has informed CCAP that, with this change in leadership, some of the Court's internal policies have been under review. As a result of that review, the Court's relatively liberal policy regarding requests for extension of time to submit briefs will be undergoing changes. All requests for extension of time must make a good cause showing based on the factors outlined in Rule 8.63(b) of the California Rules of Court. The Court has also informed us that counsel should take particular note of any indication that "no further time" will be provided.

The full text of Rule 8.63 is available here (external link).

 

 

 

 

 

 

AB 200--Effective Immediately

AB 200, a public safety omnibus budget bill, was signed by the Governor on June 30, 2022, and takes effect immediately. AB 200 amends many different statutes. Here are some highlights:

-Amends laws to address the closure of the Division of Juvenile Justice and makes substantive changes to juvenile laws

-Amends laws related to criminal history information

-Amends Penal Code 1385 to make technical, nonsubstantive changes

-Amends Penal Code 1001.95 (a misdemeanor diversion statute) to prohibit misdemeanor diversion for defendants charged with any offense involving domestic violence, as defined in Family Code section 6211 or Penal Code 13700, subdivision (b)

-Renumbers certain resentencing provisions
>Penal Code section 1170.95 is renumbered to Penal Code section 1172.6
>Penal Code section 1170.03 is renumbered to Penal Code section 1172.1
>Penal Code section 1171 is renumbered to Penal Code section 1172.7
>Penal Code section 1171.1 is renumbered to Penal Code section 1172.75

-Provides that California Correctional Center (located in the Susanville, California) shall cease operations no later than June 30, 2023

Additional information about the AB 200 is available on the California Legislative Information website here (external link).

 

Verifying CCAP Has Received Service Documents

To help facilitate the processing of panel claims, CCAP is going to begin verifying we have received all documents that have been filed in a case once the court's opinion is filed. Support staff may reach out to you to request any missing documents based on our review of the court's docket and the case documents we have received. Please provide the requested documents to help prevent delays in the processing of your claim once it is submitted.