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President's Message

Thank you!   This past year has been one of the most successful years in DBA history. I would like to recognize and thank all those who planned and participated in this year's Bird Awards Event - "Alice in Lawyerland," our Senior Law Day Program...

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Upcoming Events

DBA Luncheon: "Guns, Politics & the 2nd Amendment"    Is this the Issue the Law Cannot Remedy? Are there no Rational Solutions Satisfactory to Anyone? presented by Anthony D. Weber, Esq. at The Classic Club in Palm Desert, September 17, 2010 @ 11:45 a.m.

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More events coming soon!    be sure to check back with us

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Save the Date

September 17, 2010   DBA Luncheon - "2nd Amendment Issues" presented by Anthony Weber, Esq.

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October 23, 2010   DBA Installation Event

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Announcements / Articles

Proposed New and Amended Local Rules for Riverside County Superior Court

Pursuant to California Rule of Court 10.613(g)(1), which states in part, "...the court must distribute each proposed rule for comment at least 45 days before it is adopted," the court proposes that the following local rules be adopted or amended, effective January 1, 2011:

 

Title 6 - Probate

Local Rule 6.0101 - Pleadings and Papers (Amended) Local Rule 6.0108 - Requests to Waive Court Fees and Costs by a Fiduciary (New)

 

Local Rule 6.0207 - Confidential Supplement to Duties and Liabilities of Personal Representative(s) (New)

 

Local Rule 6.1205 - Conservator's Accounts (Amended)

 

Title 7 - Criminal

Local Rule 7.0255 - Request to Add a Case Onto Calendar (Amended)

Local Rule 7.6005 - Extensions of Time for Minor Offense Violations (Amended)

 

Title 12 - Juvenile

Local Rule 12.0061 - CASA Guidelines (Repealed)

Local Rule 12.0080 - Filing Reports Timely (Amended)

Local Rule 12.0083 - CASA Reports (New)

 

To review these rules, please visit the court website at http://riverside.courts.ca.gov/localrules/localind.htm.

 

Please direct any comments regarding these rules to the Court Executive Office, 4050 Main Street, Riverside, CA 92501, or e-mail them to courtwebassistance@riverside.courts.ca.gov.  Comments should be submitted by 5:00 p.m. on Friday, October 1, 2010, so that they can be considered as part of the adoption process.







RESULTS OF THE DBA ELECTION

The votes have been tallied, and we are now happy to announce your incoming Officers and Board of Trustees of the Desert Bar Association for 2010-2011:

 

OFFICERS:

President - Barbara Baron

President Elect - Mary Gilstrap

Secretary - David Mulé

Treasurer - Patricia Muro

 

TRUSTEES:

Michael B. Rover

Julie A. Rosser

Karen J. Sloat

Carlos L. Campos

James T. Latting

Kimberly Lee

Rob Gilliland

 







Governor nominates Tani Cantil-Sakauye as California’s first Filipina chief justice

Tani Cantil-Sakauye

Moving swiftly to replace retiring Supreme Court Chief Justice Ronald George, Gov. Schwarzenegger nominated appellate Justice Tani Cantil-Sakauye to the state’s top judicial office last month.

 

Although Cantil-Sakauye’s name had not appeared on any of the published short lists of candidates for the job, the governor took just a week to make his choice. “Justice Tani Cantil-Sakauye has a distinguished history of public service and understands that the role of a justice is not to create law, but to independently and fairly interpret and administer the law,” Schwarzenegger said, calling his pick “a living example of the American Dream.” If confirmed by the voters in November, Cantil-Sakauye will become California’s first Filipina chief justice.  For more of this article from the California Bar e-Journal (August 2010), click here.







Retiring Chief Justice Ronald George will be remembered for sweeping changes to California’s judiciary

Justice Ronald GeorgeRonald M. George reshaped California’s legal landscape through sweeping changes he brought to the state’s courts during his 14 years as chief justice, becoming the most influential figure in the judicial system. His announcement last month that he will step down at the end of the year sent shockwaves through California’s legal community. 

 

The chief justice, who is stepping down after 38 years on the bench, made his mark on the high court with hundreds of decisions — most notably the same-sex marriage rulings — and administrative acumen that led to the merger of municipal and superior courts and shifted court governance from the counties to the state.  For more of this article from the California Bar e-Journal (August 2010), click here.







Access to Family Law Paternity Cases

The Riverside Superior Court is pleased to announce that it now has the functionality to provide access to family law paternity actions to attorneys of record through the Court’s public access website.

 

With paternity actions being confidential, the system has been designed to look for unique identifiers to allow the attorneys of record access to their cases. This access will allow the attorneys to view the registers of action, including hearing dates, on their clients’ family law paternity matters.

 

Attorneys interested in gaining this access should contact the Court’s Technical Services Help Desk at 951-955-1900.







RENEWAL OF FAX REGISTRATION FEES DUE BEFORE JULY 1, 2010

Parties electing to directly fax file documents must first register and pay the annual fax registration fee of $100. The fee is due at the beginning of each fiscal year. STARTING THURSDAY, JUNE 17, 2010, fiscal year 2010/2011 fees may be paid on-line at the court website at: http://www.riverside.courts.ca.gov/faxregister.htm. Upon payment, the party may fax an unlimited number of pages during the period between July 1, 2010 and June 30, 2011.

 

Parties electing to not use the on-line system must complete the Direct Fax-Filing Registration form (RI-M01) and submit it in person at the clerk’s office, or by fax or by mail. The Direct Fax-Filing Registration form is available on the Court's website at: http://www.riverside.courts.ca.gov/localfrms/fillableforms/ri-m01.pdf.







United States District Court for the Central District of California Now Recruiting for Federal Magistrate Judges

The United States District Court for the Central District of California is now accepting applications for those interested in being a Federal Magistrate Judge in the Central District of California.  They are looking to fill two current vacancies and expect that a third position possibly will become vacant in the near future and will likely be filled from the same recruitment effort.  For more detailed information regarding the open positions and the application process, please click here.

 

Electronic versions of the application form are available on the U.S. District Court web site, at www.cacd.uscourts.gov.  Hard copy application forms may be obtained from: Human Resources Department, United Stated District Court, 312 N. Spring Street, Room 535, Los Angeles, CA 90012, Phone: (213) 894-2012.  An original and 25 hard copies of the Court's application form must be received by the Human Resources Department by 12:00 noon PDT, July 6, 2010.  A postmark will not be accepted in lieu of actual receipt of the application.







NOTICE OF PROCEDURAL AND FEE CHANGES

Effective July 1, 2010, the court will implement the following procedural and fee changes:

 

•     Access to Imaged Civil Documents on the Internet – The amount for viewing or printing civil court documents available on the Internet will be lowered to $1 per page for the first five pages, $.40 per page after five page pages, with a cap of $40 per document.

 

•     Online Name Searches – The following price structure will be implemented for performing name searches online:

       •     $1 for 1 search;

       •     $3.50 for 2-5 searches; and

       •     $5 for 6-10 searches.

       •     Individuals or entities may pay a flat fee of $250 per month to perform an unlimited number of online searches. Details will be available on the court’s website in mid-June.

       •     If a civil case number is provided, the register of actions for that case may be viewed free of charge.

       •     Criminal defendants will continue to have access to their criminal cases at no charge.

 

•     Updated Fee Schedule – An updated fee schedule is available on the court’s website at http://riverside.courts.ca.gov/localfrms/localfrms.htm or from the clerk’s office.







Litigation Section of the State Bar of California - June 2010 Litigation Update

The June 2010 issue of the Litigation Update is now available online from the Litigation Section of the California State Bar.  Click here to access their website to view the latest edition.







COURT FURLOUGHS

The California Judicial Council has not sought legislation to close the trial courts in fiscal year 2010-2011.  The last scheduled court closure day will be Wednesday, June 16, 2010.  Updated information will be provided as it becomes available.

 

Law enforcement agencies: please advise all law enforcement officers that matters or individuals who have been released may be scheduled on the third Wednesday of each month beginning July, 2010. 

 

Please contact the Court Executive Office at (951) 955-5536 with any questions.







Small Claims Clerk's Office Moving to Court Annex on April 5, 2010

The court is pleased to announce the small claims division of the civil clerk’s office is being relocated to the court annex building in Indio (across from the Larson Justice Center – former probate clerk’s office) effective Monday, April 5, 2010. At that time, all small claims court filings and inquiries must be made at the small claims clerk’s office in the court annex.

 

The small claims filing division contact information, effective April 5th, will be: 

 

Small Claims Clerk's Office

Indio Court Annex

82-675 Highway 111

Indio, CA 92201

 

Mailing Address:

46-200 Oasis Street

Indio, CA 92201

 

Telephone No.:  (760) 863-7200

Fax Filing No.:  (760) 863-7229

 

If you have any questions, please contact Supervisor Enedina Diener at (760) 863-8431 or Supervisor Mark Pettie at (760) 863-7958.  Thank you.







Probate Clerk's Office Moving to Palm Springs

The court is pleased to announce that the desert probate clerk’s office is being relocated to the Palm Springs courthouse (across from the Palm Springs airport) effective Monday, April 5, 2010. At that time, all probate filings and inquiries must be made at the probate clerk’s office in the Palm Springs court.

 

The probate division contact information effective April 5th will be:

 

                Probate Clerk’s Office

                3255 E. Tahquitz Canyon Way

                Palm Springs, CA 92262

 

                Telephone No.:(760) 778-2207

                Fax Filing No.: (760) 778-2269

 

In the interim if you have any questions, please contact Supervisor Gloria Morrow at (760) 863-7174. Thank you.







Proposed New and Revised Local Rules for Riverside County Superior Court

The court proposes that the following local rules be adopted, amended, or repealed to be effective July 1, 2010:

 

Title 1 - General

1.0066 - Arbitrator's Fees (Repeal)

1.0106 - Settlement Conferences (Amend)

 

Title 4 - Alternative Dispute Resolution

4.0025 - Mandatory ADR Sessions: Setting and Location; Sanctions (Amend)

4.0027 - Continuance (Amend)

4.0028 - Post ADR Duties; ADR Reports (Amend) 4.0030 - Notice of Settlement Before ADR Session; Sanctions (Amend)

4.0125 - Arbitration Hearing Appearances Required; Grounds for Sanctions for Failure to Meaningfully Participate (Amend) 4.0200 - Court-Ordered Mediation: Pre-Mediation Procedures ((Amend)

4.0201 - Appearances Required at Mediation; Attendance Sheets (Amend) 4.0220 - Court-Ordered Mediation; Grounds for Sanctions (Repeal)

 

Title 6 - Probate

6.0106 - Lodging of Required Documents for Accountings (New)

 

Title 11 - Litigation

11.0130 - Complex Litigation (Amend)

11.0135 - Extraordinary Writs (New)

 

The review these rules, please visit the court web site at http://riverside.courts.ca.gov/localrules/localind.htm.

 

Please direct any comments regarding these rules to the Court Executive Office, 4050 Main Street, Riverside, CA 92501, or e-mail them to courtwebassistance@riverside.courts.ca.gov.

 

Comments should be submitted by 5:00 p.m. on Friday, April 9, 2010.







Ayotte & Shackelford Directory Update for 2010 is Complete

Ayotte & Shackelford has completed the updating of their directory for 2010, although they are still accepting changes every day, as they are submitted.  They have also added a new Court page to their website, listing all the judges.  Click here to access the new Court page.







Technology Offers an E-ticket to a New World of Legal Practice

By Diane Karpman

 

Last month at the American Bar Association’s Midyear Meeting in Orlando, President Carolyn Lamm recognized that American lawyers no longer practice just on Main Street or Wall Street. Many lawyers, including those in small towns, are engaged in cross-border transactions. This is accomplished with great ease, due to the profound impact of technology generally embraced by the profession during the last couple of decades.

 

As an example of our rapidly advancing technology, this is the first month of the electronic publication of the California Bar Journal. Clearly, if you are reading this column, you are not one of the estimated 30,000 lawyers lacking an e-mail address, which is required as of February 1. (California Rule of Court 9.7)  (For more, click here.)







Article by Justice Douglas Miller in The Desert Sun

Knowledge is the best gift one can give children. I recently was able to see the gift of a major educational opportunity come to fruition for children in our area. In January, the Boys & Girls Club of Coachella Valley announced the launch of its new literacy project in partnership with the Waterford Institute.  For more, please click here.







Riverside County Superior Court Announces New Media Page

February 10, 2010. The court is pleased to announce that its Internet web site contains an enhanced media information page that will be of greater use to members of the media.

 

The updated media page contains a general information guide for the media, news releases issued by the court, news releases from the Administrative Office of the Courts, Local Rules and California Rules of Court related to the media, forms and other resources. Click on News Media from the court's Internet site at www.riverside.courts.ca.gov. (Electronic version available here.)







Court Closures to Continue Through June 2010 in Response to Judicial Branch Budget Cuts

Report Shows Estimated Savings of $63 Million 

 

San Francisco—At a public meeting on January 21, 2010, the Judicial Council of California approved the continuation of one-day-a-month court closures through June 2010, in response to severe reductions in the judicial branch budget for fiscal year 2009–2010.

 

"Today’s action to continue court closures through June 2010 reflects the severity of the state’s economic crisis and the unprecedented reductions in the judicial branch budget," stated Chief Justice Ronald M. George, chair of the 28-member council, the administrative policymaking agency for the state courts.

 

"The council’s decision does not lessen our longstanding goal to provide access to justice for Californians," he continued. "For this reason, the council today reaffirmed its commitment to seek adequate resources from the Governor and Legislature to avoid statewide court closures in the next fiscal year."

 

To read the full text of the Judicial Council's News Release, please click here.







Judicial Council Has Announced New, Revised and Clarified Civil Fees

The Judicial Council has announced that new, revised, and clarified civil fees will go into effect in the state's trial courts effective January 1, 2010.  Riverside County Superior Court has updated its fee schedule to incorporate these changes.

 

The new fees - which are being charged by all trial courts statewide - include fees for applications, petitions and responses related to discovery in out-of- state cases (Code of Civil Procedure sections 2029.300, 2029.610 and 2029.620). These changes are the result of legislation that was passed in 2008 through Assembly Bill 2193.

 

The updated fee schedule can be found on the court's website at http://riverside.courts.ca.gov/feeschedule.pdf.







The Capitol Connection, Volume 11, Issue 3

The Fall 2009 End of Legislative Year edition of The Capitol Connection, a publication of the Judicial Council is now available.  Please click here to download a .pdf version of this free publication.







E-mail address will be required starting Feb. 1

All California attorneys must provide an e-mail address to the State Bar beginning Feb. 1, 2010, under a new rule of court approved by the Supreme Court. Inactive lawyers over 70 are exempt from the new requirement.

 

Under Rule 9.7, all members of the State Bar must create an online profile through the bar’s secure membership system. Currently, 150,000 lawyers already have done so and they need do nothing further.

 

But on Feb. 1, attorneys who move will be able to change their address and phone number only through their profile.(Go to My State Bar Profile) Online address change capability has been available for several years and is widely used. In 2008, 58,000 address changes were processed, 40,000 online.

 

Lawyers are statutorily required to keep their addresses updated within 30 days of a move.

The private e-mails will be recorded in the bar’s database and will be used only for official communications, such as courtesy reminders related to deadlines and updates of new regulations that affect members. Attorneys also will have the option to provide a public e-mail address, which will be available to the public on the bar’s Web site.

 

Notification of disciplinary or regulatory proceedings that may lead to a loss of license will continue to be sent through regular mail.

 

In addition to the 150,000 private e-mails the bar now has, another 30,000 lawyers have provided a public address. About 40,000 lawyers have not provided an e-mail address.

 

Although not required by the rule, the bar’s administrative policy will provide an exemption to inactive lawyers over 70. In addition, lawyers who do not have an e-mail address may apply for an exemption by completing a form provided by the bar.







Judge Miller profiled in Los Angeles Daily Journal

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