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President's Message

Welcome to 2013-2014!   It is an honor and privilege to serve as President of the Desert Bar Association for the coming 2013-2014 term....

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Upcoming Events

DBA Luncheon: "Attorney Brand Management"    presented by Bo Bryant; Friday, September 19, 2014; 11:30am @ The Classic Club in Palm Desert.

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FREE LEGAL INFORMATIONAL SESSION    Saturday, September 20, 2014, 9am-2pm; at Bagdouma Park Community Center, 51-251 Douma St., Coachella, CA 92236. Questions will be answered re: Immigration, Expungement and Tenant Law matters.

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HOME GROWN MCLE - "FAMILY LAW UPDATE"    Saturday, October 4, 2014; 8:30am-4:00pm @ Fantasy Springs Resort Hotel Events Center. Hosted by Hon. Dale Wells and Sheila Williams. 5.0 hours MCLE credit available.

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63rd ANNUAL INSTALLATION OF DBA OFFICERS & TRUSTEES    Saturday, October 11, 2014; 6pm-10pm @ Xavier College Prep, 34-200 Cook Street, Palm Desert.

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More events coming soon!    Be sure to check back with us.

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Save the Date

October 11, 2014   63rd Annual Installation of Officers & Trustees of the DBA. 6:00pm @ Xavier College Prep, Palm Desert.

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November 21, 2014   DBA Luncheon. Joseph Jones of Bosco Legal Services to present Ethics MCLE. 11:30am @ The Classic Club.

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December 9, 2014   Joint DBA/Inn of Court Awards Dinner; 5:30pm @ Indian Wells Golf Resort.

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January 16, 2015   DBA Luncheon. Presiding Judge Harold Hopp to present "State of the Court" 11:30am @ The Classic Club.

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More events to come!   Be sure to check back with us.

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Past Events

Chief Justice of California Luncheon - April 2012    Photos from the Luncheon for the Chief Justice of California, April 19, 2012

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OneJustice Bus Project - April 2012    Photos from the OneJustice Bus Project - April 2-3, 2012

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Bird Awards 2011 - Beach Blanket Indio    Photos from Beach Blanket Indio, June 3, 2011.

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2011 Court of Appeal Visit    Photos from April 2011 Court of Appeal Visit

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April 2011 Cocktail Mixer    Photos from Cocktail Mixer at Cork Tree on April 20, 2011

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59th Annual Installation of Officers & Trustees    Photos from the 59th Annual Installation of Officers & Trustees on October 23, 2010

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Bird Awards 2010 - Alice in Lawyerland!    Photos from Alice in Lawyerland, June 26, 2010.

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Senior Law Day 2010    Photos from Senior Law Day 2010

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From the Court


CIVIL TENTATIVE RULINGS

Effective July 14, 2014, Tentative Rulings will be provided by a number of judicial officers in Riverside, Southwest Justice Center, and Palm Springs for law and motion matters.

 

Please visit the court website to find out more information on tentative rulings.
(http://www.riverside.courts.ca.gov/tentativerulings.shtml)




CIVIL FEE CHANGES

Effective July 1, 2014, the court will be charging applicable motion fees for joinder filings as follows:

  • General Motions: $60.00
  • Summary Judgment/Adjudication: $500.00

If you have any questions, please contact Michael Gilfillan, Civil and Probate Director, at 951-777-3027.
Michael Gilfillan – Michael.Gilfillan@riverside.courts.ca.gov.




FAMILY LAW TRIAGE PILOT PROGRAM

The Family Law Triage Pilot Program is designed to ensure self-represented litigants are ready for their scheduled hearing by providing assistance in navigating through the Family Law process. During the Triage program, participants will be offered assistance by Family Law Facilitators, Self-Help staff, Child Custody Recommending Counselors, and the Department of Child Support Services for possible resolution prior to being referred to their assigned department.

 

Effective immediately, upon receipt of an initial Request for Order (RFO) for hearings set on 5/27/14 and after, staff will verify if the case qualifies for the Triage Program.

 

Types of cases that will qualify for Triage:
• Cases with initial (first time) Request for Order filed. Initial RFOs are defined as the first time a motion is filed in the case. The RFO can be for any and all issues.
• Cases having one or both litigants as self-represented
• DCSS cases within family law cases or RIK cases with issues other than child support exclusively
• Denied Ex Parte requests set for hearing on Request for Order (initial filings only)

 

Cases that do NOT qualify for Triage:
• Cases having both litigants represented by attorneys
• Domestic Violence Restraining Order requests (RIV cases)
• DCSS cases (RIK cases – child support only)
• Adoption cases
• Juvenile Exit Orders

 

Triage RFOs will be set for hearing into the assigned department at 8:15 a.m. on either a Monday or a Tuesday. Once the parties have checked in for Triage and are ready to proceed, they may be sent to Family Court Services, if there are custody and visitation issues, for an initial Child Custody Recommending Counseling session. If an agreement regarding custody and visitation is reached, the CCRC will prepare the agreement and the parties will return to Triage for further direction. If an agreement is not reached, this will be communicated to Triage and the assigned department, and further direction will be given. In most instances, the hearing will be continued and a subsequent CCRC appointment will be set.

 

If the case does NOT qualify for Triage, Request for Orders and Motions will be scheduled in the assigned department on Mondays and Tuesdays at 8:30 a.m. and CCRC appointments will be set on a date at least 10 days prior to the hearing.

 

To download the above information in PDF format, please click here.




PROPOSED NEW AND AMENDED LOCAL RULES - PUBLIC COMMENTS SOUGHT

Pursuant to California Rules of Court, Rule 10.613(g)(1), the Riverside County Superior Court proposes that local rule changes be made, effective July 1, 2014.

 

The review the proposed rule changes, please visit the court’s website at http://www.riverside.courts.ca.gov and click on local rules under the general information tab.

 

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

 

Comments should be submitted by 5:00 p.m. on Monday, April 14, 2014, so that they can be considered as part of the rule adoption process.

 




NOTICE OF TRANSFER OF INDIO TRAFFIC, SMALL CLAIMS AND PROBATE CASES TO NEW DEPARTMENTS

Effective December 9, 2013, all cases assigned to the Indio Probate Courtroom (currently Dept. 2H) will be transferred to the new Department 1A of the Larson Justice Center, Honorable James Cox presiding. Additionally, all traffic and small claims cases assigned to the Indio Traffic/Small Claims Annex Courtroom (currently Dept. 1D) will be transferred to the new Department 1B of the Larson Justice Center. The new Departments 1A and 1B are located on the first floor of the Larson Justice Center, 46200 Oasis Street, Indio, CA.

 

Hearings Currently Scheduled:  All probate, traffic and small claims matters scheduled for hearing on or after December 9, 2013, will be transferred to the departments designated below.

 

Current

Department

Court/Judicial Officer

New

Department

2H

Probate

Hon. James Cox

1A

1D

Traffic / Small Claims

Assigned Judge

1B

 

Effective December 9, 2013, the Indio Court Annex, departments 1A, 1B, 1C and 1D, will no longer be in session.




COURT ANNOUNCES REVISED PLAN FOR THE BLYTHE AND TEMECULA COURTHOUSES AND ADDITIONAL CALENDAR CHANGES

On May 20, 2013, the court provided notice to the public regarding its intent to close the Blythe and Temecula Courthouses and sought public comment. Numerous comments were received. Having reviewed and considered those comments, and the impact that closures would have on the public, the court has revised its plan. In an effort to absorb budget reductions while still ensuring public access to the court, a revised plan has been adopted as outlined below:

 

Blythe Courthouse – 265 N. Broadway, Blythe, CA 92225 The Blythe Courthouse is currently open Monday through Friday. Under the revised plan, it will not close, but the number of days that it is open each week will be reduced. Effective August 19, 2013, the Blythe Courthouse will be open 3 days per week.

 

Temecula Courthouse – 41002 County Center Drive, #100, Temecula, CA 92591 The Temecula Courthouse is currently open Monday through Friday, hearing traffic, small claims, and limited civil matters. Under the revised plan, it will not close. The location will remain open five days per week as before, but its calendar will change. Effective August 19, 2013, traffic, small claims, and limited civil matters will be heard instead at the Southwest Justice Center (SWJC) located in Murrieta. Effective August 26, 2013, the Temecula Courthouse will begin hearing probate matters originating in the mid-county region. Unlawful detainer matters currently being heard at the SWJC will be moved to the Temecula Court.

 

Southwest Justice Center – 30755-D Auld Road, Murrieta, CA 92563 Effective August 19, 2013, this location will begin hearing traffic, small claims, and limited civil matters that had been heard at the Temecula Courthouse.

 

Further details regarding calendars, courtrooms, and public services will be forthcoming. Information on appropriate filing locations will be posted to the court’s website at www.riverside.courts.ca.gov. Comments regarding the court’s revised plan will be accepted through the original comment period (July 19, 2013) and can be mailed to P.O. Box 1547, Riverside, CA 92502, or e- mailed to webassistance@riverside.courts.ca.gov.




GOVERNOR BROWN SIGNS STATE BUDGET; IMPACT ON RIVERSIDE COUNTY SUPERIOR COURT

On June 27, 2013, Governor Edmund G. Brown, Jr. signed the state budget for fiscal year 2013-14. While the final budget included some good news for the judicial branch, it unfortunately falls short of the $100 million that had originally been proposed by budget subcommittees in both the Senate and Assembly during the last several weeks. 

 

The final budget restores to California’s trial courts $60 million of the funding that has been lost over the last five years. This equates to approximately $3.8 million for the Riverside Superior Court and, along with another internal adjustment made within the branch, restores a total of approximately $5.3 million to the court’s operating budget for the fiscal year that begins on July 1, 2013. While this is definitely positive news, the amount of restored funding is woefully inadequate to make up for the years of funding reductions which, over the past five years, have reduced the operating budget of the Riverside Superior Court alone by approximately $20 million. Because the restoration of funding is not sufficient to cover operational expenses, additional staff reductions affecting every division in the court will still be necessary. This will involve positions in operations, management, administration, legal, human resources and information technology. In addition, other operational adjustments will need to be made to realize efficiencies and reduce costs, including the planned reductions in services at the Blythe and Temecula courthouses.

 

The court will continue its efforts, both locally and as a branch, to secure the critical funding necessary to keep courthouses opens and public counters staffed. It is disheartening that at the same time the court is struggling with a decimated budget, announcements were just made that state employees are slated to receive pay increases and have planned furloughs cancelled. It is hoped that this same attention and commitment be made by the Governor and Legislature to the judicial branch in the coming months as well.

 

Budget updates and other information regarding public service changes will continue to be posted on the court’s website at www.riverside.courts.ca.gov, through media releases, and by signage posted in local courthouses.




CIVIL CALENDAR CHANGES EFFECTIVE JULY 1, 2013

Effective July 1, 2013, the Civil Department will be making the following calendar changes:

 

All General Limited Civil Cases (Excluding UD’s & Collection Cases):

The court will be eliminating fast track rules on all limited civil cases. When new cases are filed, a Trial Setting Conference will be scheduled 12 months from the case filing date. Case management Statements will no longer be required.

 

Temecula Collection Cases:

When a responsive pleading is filed the case will be scheduled for a Mandatory Settlement Conference and a Court Trial 6 months from the date of filing the responsive pleading. These cases will be scheduled on Fridays in Department S303 at the Southwest Justice Center).




INPUT ON REVISED STATE BUDGET

To Members of the Legislative Outreach Committee, Bar Representatives, and Other Concerned Citizens:

 

As many of you may have heard, Governor Brown's May revised budget for 2013-2014 maintained the deep cuts to the judicial branch budget he proposed in January. If enacted, the budget would leave the Riverside County Superior Court with a deficit of nearly $14 million, forcing the Court to severely reduce the access to justice for every resident of our county. These steps might include courthouse closures, layoffs of employees in nearly every area in which the Court serves the public, and fewer open courtrooms than Riverside County has seen in many years.

 

However, the good news is that budget subcommittees in both houses of the Legislature last week proposed to restore $100 million to the judicial branch budget. This money would, under the new allocation formula approved by the Judicial Council this spring, reduce the Riverside County Superior Court's deficit significantly, helping it to avoid many of the most significant cuts to Court services and access to justice.

 

In addition, the budget subcommittees voted to permit the trial courts to maintain a fund balance, or reserve, of up to 12 percent of their annual budget, instead of the one percent limit that is scheduled to go into effect by the end of the coming fiscal year. The one percent requirement would cause severe cash flow problems, making it extremely difficult for the trial courts even to cover their payrolls every month, let alone to plan for things such as replacing outdated equipment. One recent example of such a project is the Riverside County Superior Court's purchase of its own phone system (it had been leasing outdated equipment from Riverside County) -this investment paid for itself in only one year, but would have been impossible if the limit on fund balances was then in place.

 

But the additional $100 million, although it would be a great help to the Court, is far less than California's judiciary needs. Indeed, it is $25 million less than the "trigger" cut Governor Brown proposed in his January, 2012 budget if Proposition 30 did not pass, a "trigger" that was pulled in the budget as enacted, even though, of course, Proposition 30 did pass. To avoid further cuts to the services our Court provides, Presiding Judge Mark Cope has stated that $146 million must be restored to trial court funding.

 

Your input to the Legislature and to the governor's office in the few weeks that remain before the budget will be enacted (by June 15) is crucial. I urge you to contact any legislators with whom you have a relationship to thank the Legislature for the proposed restoration of the $100 million and to support the following specific items (legislator contact information):

 

1. Using the same formula to calculate the annual adjustment to judicial branch employee retirement and benefit costs that has been used in the past for all three branches of government and which Governor Brown's budget proposes to continue to use for the executive and legislative branches for the coming year. This adjustment would be $49.5 million for the judicial branch. If it is not applied, the net effect will be a further cut to the judicial branch budget.

 

2. Restoring the full $125 million "trigger cut" that Governor Brown initially proposed to occur only of Proposition 30 did not pass.

 

3. Restoring the $150 million that was annually cut from the judicial branch's budget beginning in fiscal year 2011-2012.

 

4. Permitting the trial courts to maintain a reserve of 12 percent of their annual budget.

 

Thank you for your support. Should you have any questions, please do not hesitate to contact the Court's Executive Office at (951) 777-3162.
 




COURT ANNOUNCES INTENTION TO CLOSE BLYTHE COURTHOUSE

The Riverside Superior Court is considering the closure of the Blythe courthouse, located at 265 N. Broadway, as of a date to be determined, but no sooner than July 1, 2013. 

 

Pursuant to California Rule of Court 10.620(d)(3), the court is seeking input from the public regarding the planned closure before making the final decision.

 

Pursuant to California Rule of Court 10.620(e), any interested person or entity who wishes to comment must send the comment to the court in writing or electronically. Written comments should be directed to the court at P.O. Box 1547, Riverside, CA 92502. Those interested in submitting comments electronically should e-mail them to webassistance@riverside.courts.ca.gov.

 

Comments must be submitted by 5:00 p.m. on Tuesday, June 11, 2013, in order to be considered as part of the final administrative decision.




NOTICE OF TRANSFER OF CIVIL AND PROBATE CASES FROM INDIO AND PALM SPRINGS

Effective July 29, 2013, the Riverside Superior Court will no longer hear limited or unlimited civil matters, including unlawful detainers, in the Larson Justice Center in Indio. Effective July 29, 2013, the Riverside Superior Court will also no longer hear probate matters in the Palm Springs Court.

 

Hearings Currently Scheduled: All civil and unlawful detainer matters scheduled for hearing on or after July 29, 2013, will be transferred to the Palm Springs Court to the departments designated below. Additionally, all probate matters scheduled for hearing on or after July 29, 2013, will be transferred to the Indio Court–Larson Justice Center to the department designated below.

 

 

Current
Department
Judicial Officer New Department
(eff. 7/29/13)
 

 

CIVIL

 
Dept. 2F Hon. John Evans Dept. PS1
Dept. 2H Hon. David Chapman Dept. PS2
Dept. 1C Comm. David Gregory Dept. PS3
 

 

PROBATE

 
Dept. PS1 Hon. James Cox Dept. 2H

 

Filing Documents: Effective July 29, 2013, documents for civil and unlawful detainer matters must be filed in the civil clerk’s office in the Palm Springs Court located at 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262. Additionally, effective July 29, 2013, all probate documents must be filed in the probate clerk’s office located at 46200 Oasis Street, Indio, CA 92201. For your convenience, fax filing and e-fax filing is available. For information about how to fax file your civil or probate documents, please visit the court’s website (www.riverside.courts.ca.gov/faxlist.shtml).

 

To download the above information in a PDF file, please click here.

 




RIVERSIDE COUNTY SUPERIOR COURT TO INTRODUCE NEW CASE TRACKING

The Riverside County Superior Court is pleased to announce a new service that will allow subscribers to receive automatic e-mail notifications when a hearing is scheduled or a document is filed in civil and criminal cases. The service will eliminate the need to manually inquire regarding actions taking place in these cases.

 

Individuals, law firms, and organizations can subscribe to an annual account to track civil and criminal cases of interest. E-mail notification will be provided on the next business day each time hearings are scheduled or documents are filed.

 

When viewing a case through the internet, an icon will appear that enables the user to subscribe and track the case. The first time a case is selected for tracking, the user will be: 1) instructed electronically how to enroll, 2) asked to select an option for the maximum number of cases to be tracked, and 3) pay for the service through use of a credit card.

 

Second and subsequent cases chosen for tracking will add to the customer’s list and notifications will be provided on all selected cases. Notifications will be sent to one e-mail address per subscription.

 

Please note that family law and juvenile cases are excluded from this program.

 

The court accepts Visa, MasterCard, Discover, and American Express in order to enroll. A receipt with a confirmation number is available for printing upon subscription.

 

The annual subscription rates for case update notifications are $100 for up to 25 cases and $250 for up to 100 cases.

 

The program will be introduced on Monday, February 4, 2013.




PROPOSED RIVERSIDE SUPERIOR COURT LOCAL RULE NO. 3401 - PUBLIC COMMENT SOUGHT

Here is the revised version of the RSC’s proposed local rule on pretrial preparations. All members of the DBA are urged to review it and comment on it. The deadline to provide your comments to Judge Riemer is January 31, 2013. We value your input.The bench sees this proposal as something that has advantages, not only for the court, but also for trial counsel, in at least the following four ways:

 

Certainty

In a master calendar system, you don’t know in advance who the trial judge will be. Therefore, you can’t consult that judge’s clerk to find out what that particular judge “wants” from trial attorneys. A local rule that describes the expectations of all judges receiving cases from the master calendar advises counsel in advance what their trial judge will expect of them, long before they are informed of the identity of that judge.

 

Consistency

A local rule adopted by the local judges as a whole will foster consistency between the actual practices in the courtrooms of those judges. Thus, counsel can be confident in knowing that the preparations required for the next trial are going to be the same type of preparations for the last trial, even though they may be in front of different judges. No more worrying about complying with an individual judge’s “local local” rule.

 

Enforceability

Currently, a judge is reluctant to penalize the failure to include a document on the exhibit list or a witness on the witness list because there is no requirement that either party prepare such lists. By specifying both what must be filed on the first day of trial and the consequences for a failure to comply, the rule makes it more likely that the judge will penalize the non-complying party. That prevents the complying party from being surprised or otherwise prejudiced by the opposing party’s failure to disclose such exhibits and witnesses.

 

Efficiency

By eliminating time spent proving undisputed facts, by eliminating the discussion with the judge of undisputed motions in limine, and by minimizing disputes over undisclosed witnesses and exhibits, we shorten the length of a trial. That reduces the expense to you and your client, and allows more civil trials to be heard by the same limited number of civil judges. More trials in the same or less time is better for all of us.

 

If you would like to respond in writing, you may contact Judge Craig Riemer at craig.riemer@riverside.courts.ca.gov.




PUBLIC NOTICE RE CHILDCARE SERVICES AT RIVERSIDE LOCATIONS

Effective immediately, the court is temporarily unable to provide child care services for the following locations:

 

Riverside Hall of Justice

4100 Main Street

Riverside, CA 92501

 

Riverside Family Law Courthouse

4175 Main Street

Riverside, CA 92501

 

Riverside Juvenile Court

9991 County Farm Road

Riverside, CA 92503

 

Service will be restored as soon as possible. The court apologizes for any inconvenience this may cause.

 

SHERRI R. CARTER

Court Executive Officer and Clerk of Court




COURT REMOVING MINUTES OF HEARINGS FROM WEBSITE

Pursuant to California Rule of Court 2.507(b)(3), effective January 1, 2013, the court will be removing the minutes of hearings from the registers of action on the court’s web-site.

 

Over the next several months, the Riverside Superior Court will be making additional modifications to the public registers of action in accordance with California Rule of Court 2.507(b)(3) to contain the following information:

 

(A) Date case commenced;

 

(B) Case number;

 

(C) Case type;

 

(D) Case title (unless confidential by law);

 

(E) Party names (unless confidential by law);

 

(F) Party type;

 

(G) Date of each activity; and

 

(H) Description of each activity.

 

The court’s registers of action are meant to be a summary of proceedings, such as the filing of a motion or the entry of an order. The registers of actions will not contain information beyond the scope of a proceeding, such as minutes, the text of orders, or the contents of papers filed with the court.




COURT NOW ACCEPTING CIVIL GRAND JUROR APPLICATIONS

The Riverside County Superior Court is pleased to announce that it is now accepting applications from qualified citizens interested in being nominated to serve as civil grand jurors for the time period July 1, 2013, through June 30, 2014.

 

Those interested in serving as a grand juror must have the following qualifications:

• Must be a citizen of the United States;

• Must be 18 years of age or older;

• Must have been a resident of Riverside County for at least one year prior to July 1, 2013;

• Must be of sound judgment and fair character;

• Must possess sufficient knowledge of the English language;

• Must be able to attend hearings and meetings three to five days a week;

• Must not be serving as a trial juror in any court in California;

• Cannot have been discharged as a grand juror within the previous year;

• Cannot be serving as an elected public official; and

• Cannot have been convicted of malfeasance in office, or any felony or high crime.

 

Duties include, but are not limited to, investigating the operations of county government, researching matters of civic concern, and inquiring into public offenses.

 

A per diem, plus mileage, is paid to defray expenses.

 

A fillable application can be located on the court’s website at http://riverside.courts.ca.gov/ by selecting grand jury under the divisions tab.

 

An application may also be requested by sending a self-addressed, stamped, business sized envelope to the Riverside County Superior Court Jury Services Division. Applications must be received by March 15, 2013, and should be submitted to:

 

Riverside County Superior Court

Jury Services Division

P.O. Box 400

Riverside, CA 92502




RIVERSIDE COUNTY SUPERIOR COURT TO HOST DOMESTIC VIOLENCE SUMMIT

The Riverside County Superior Court is pleased to announce that it will sponsor a Domestic Violence Summit on Tuesday, December 4, 2012. The summit will bring together community based organizations and provide education, awareness, and strategies for addressing the problem of domestic violence.

 

Domestic violence is assaultive and controlling behaviors, including physical, sexual, psychological and economic control, committed by individuals against family members and intimate partners. According to Alternatives to Domestic Violence, a private, nonprofit organization serving Riverside County:

 

• One in four women will be the victim of domestic violence in their lifetime.

 

• In 2005, 389,100 women and 78,180 men were victimized by an intimate partner. These crimes accounted for nine percent of all violent crime.

 

• Over 34 percent of female murder victims were killed by their husband or boyfriend.

 

On average, there are nearly 6,700 domestic violence cases filed with the Riverside County Superior Court each year.

 

Speakers for the event will include Eliza Daniely-Woolfolk, Executive Director of Alternative to Domestic Violence at 10:30 a.m. and Hanish Sinclair, founder of the Manalive Violence Intervention and Prevention Training Institute at 12:00 p.m.

 

The court will use the summit as an opportunity to unveil a new web-based program for requesting domestic violence restraining orders. The program, that will be available through the court’s website, will walk those seeking help through the forms required to request a restraining order. Based on responses to standard questions, the program will populate the necessary court forms and create a .pdf file that can be electronically transmitted to the court for judicial review.

 

The court will be asking community organizations to create ‘safe havens’ where victims of domestic violence can use the court’s filing program to request restraining orders. The ‘safe havens’ would be established in places of worship, shelters, and community centers where victims would be provided with access to a computer with internet access in a safe environment.

 

Riverside County Supervisors John Tavaglione, Chairman, John Benoit, Vice- Chairman, Bob Buster, Jeff Stone, and Marion Ashley have each contributed funding to help make the summit possible.

 

This invitation only event will be held at the Riverside Municipal Auditorium in downtown Riverside. Media representatives from groups and agencies interested in attending the event can contact the court executive office at (951) 777-3163, or by e-mail at CourtExecutiveOffice@riverside.courts.ca.gov.




PROPOSED NEW AND AMENDED LOCAL RULES AND FORMS - PUBLIC COMMENT SOUGHT

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 Riverside County Superior Court proposes that local rule and form changes be made, effective January 1, 2013.

 

To review the proposed rule and form changes, please visit the court’s website at http://riverside.courts.ca.gov/ and click on local rules under the general information tab.

 

Please direct any comments regarding the rules and forms 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 Monday, October 1, 2012, so that they can be considered as part of the adoption process.




RIVERSIDE COUNTY SUPERIOR COURT ANNOUNCES U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND BUREAU OF JUSTICE ASSISTANCE GRANT AWARD TO IMPLEMENT VETERANS COURT.

Riverside County Superior Court is pleased to announce that it has been awarded $350,000 to be disbursed over the next three years to implement and support a Veterans Court.

 

The Veterans Court, overseen by the Honorable Mark Johnson, is an 18 month intensely supervised collaborative program between the court and: the Riverside County District Attorney, Public Defender, Probation and Mental Health Departments; Loma Linda Veterans Administration; Riverside Police Department; and Children and Family Futures. Veteran mentors volunteer to work closely with veterans in the program and have become a critical component of the program. It is the desire of all partners to increase public safety while improving the lives of veterans and their family by healing the physical and invisible wounds of those who have entered the criminal justice system as a result of their dedicated service.

 

The program provides treatment and other services to veteran offenders through four phases, in order to reduce crime and substance abuse, by utilizing the established best practices (National Association of Drug Court Professionals) Ten Key Components of drug courts already in place and the seven evidence based design features identified by the National Institute of Justice.

 

The objectives are to build a program that ensures veterans are identified and assessed for risk and need early in the process. The program will also ensure all clients receive evidenced based and data driven services, while providing ancillary services that prevent recidivism and achieve long term recovery. The program will also lower costs associated with this population of focus by reducing recidivism and track all client performances through an automated data system.

 

Veterans Court will make efforts to improve the identification of veterans within the criminal justice system at the time of arrest or shortly thereafter through inquiries by law enforcement personnel or appointed counsel.

 

Funding will be used to enhance the programs ability to test for drugs and alcohol, client transportation, interim housing, program evaluation and additional probation support. It is anticipated that 65 veterans will be served with these funds.




NOTICE OF FEE CHANGES

Effective July 10, 2012

 

As a result of the enactment of Senate Bill (SB) 1021, various civil filing fees have been established or increased. The additional revenue from these fee changes will be used to offset reductions to trial court funding.

 

New Fees
• $50 fee for delivering a will to the clerk of the superior court under Probate Code section 8200.
• $30 fee for court reporting services in civil (including family law and probate) proceedings lasting under one hour.

 

Increased Fees
• $40 increase to first paper filing fees for unlimited civil cases where the amount in controversy is more than $25,000.
• $40 increase to various probate and family law fees.
• $20 increase to various motion fees.
• $450 increase to the complex case fee.

 

Changed Fee
• The advance jury fee is fixed at $150, is no longer refundable, and must be deposited earlier than previously required. The fee is due on or before the date scheduled for the initial case management conference in the action; if no case management conference is scheduled, no later than 365 calendar days after the filing of the initial complaint; if the party has not appeared before the initial case management conference or has appeared more than 365 calendar days after the filing of the initial complaint, at least 25 calendar days before the date initially set for trial; or if the action is for unlawful detainer action, at least five days before the date set for trial.

 

A revised civil fee schedule is posted to the court's website at http://riverside.courts.ca.gov and will also be available at the clerk's office. A schedule of the criminal and traffic fees, assessments and penalties can also be obtained at the clerk's office.




RIVERSIDE COUNTY GRAND JURORS SELECTED FOR FISCAL YEAR 2012-13

On June 29, 2012, the 19 members and 11 alternates of the fiscal year 2012-13 Riverside County Grand Jury were selected from a drawing held in Department 1 at the Historic Courthouse in Riverside. The grand jurors took their oath the same day. 

 

The composition of the 19 members of the grand jury includes 10 females and nine males.

 

Efforts to solicit applications for the grand juror positions included notices in local newspapers and information posted on the court’s website. The court received more than 100 applications and 92 applicants received interviews.

 

The grand jurors will commence a four-day training on July 9, 2012.

 

The grand jurors are:

Linda Bennecke

Jim Benson

Joyce Easton

Deborah Fuller

Elmer German

Robert Gillis

Alvin Horn

Sharon Hymas

Alice Irwin

Everett Martin

Maryln Nistler

Dawn Nygaard

Mike Pernarelli

Linda Plummer

Carolyn Powers

Don Rapp (Foreperson)

Barbara Schlegel

James Tegrmeyer

Sandra Younger




MCLE: JUDICIAL DEMEANOR FOR TEMPORARY JUDGES

The court will conduct two Judicial Demeanor courses for temporary judges as follows: July 13 in Riverside and August 3 at the Larsen Justice Center. For more information, please click here to download the flyer.




CHANGES IN FEES

• The annual fee for direct fax filing an unlimited number of documents, found on line 203 of the court’s fee schedule, is changing to $125 effective July 1, 2012. This payment would cover the time period between July 1, 2012 and June 30, 2013. The court’s fee schedule can be found on the court’s website at http://www.riverside.courts.ca.gov by clicking on Fee Schedule under the Forms and Filing tab. Direct Fax Filing Information can be found at: http://www.riverside.courts.ca.gov/faxlist.shtml 

 

• The court also will be implementing an alternative to the annual fax filing fee by allowing documents to be fax filed at a charge of $1.50 per page with no registration required.

 

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




ACCESS TO JUSTICE NEWSLETTER (MAY 2012)

A Message From the Chair:

"A fair and just society requires open courts and services that provide the ability to use them. The courts are not an optional service of government, but instead are the third branch of government that fulfills the fundamental role of preserving the rule of law." These true and significant statements are from the upcoming report on the recently held public hearings on the crisis California's civil justice system is facing, described more below. As the hearings demonstrated, we must restate and reaffirm these fundamental principles, and the California Access to Justice Commission is committed to ensuring a well functioning and adequately funded civil justice system

This issue of Justice highlights the work of the Commission in 2011, as we begin our 15th year. We are proud of what we have accomplished, but recognize that there is much more to be done. As Chair of the Commission, I assure you that the Commission is continuing to work diligently to ensure access to justice for all. To view the entire newsletter, please click here.

Hon. Ronald B. Robie
Court of Appeal, Third Appellate District
Sacramento




DOCUMENTS AVAILABLE THROUGH THE ONLINE COPY REQUEST SYSTEM

The Riverside Superior Court’s automated online copy request system will now include criminal documents as of May 14, 2012.

 

The online copy request system allows users to request certified copies of civil documents and copies or certified copies of family law, probate and criminal documents that are open to the public for inspection.

 

You can also request certified copies of minute orders for civil, family law, probate and criminal. Copy fees, including postage, will be assessed. The court accepts Visa, MasterCard, Discover, and American Express as forms of payment. Copy requests will be processed within five business days.

 

For further information, please visit the court’s website at http://riverside.courts.ca.gov/ and click on the Online Services tab.




PROPOSED CHANGES IN FEES – PUBLIC COMMENT PERIOD

Pursuant to California Rule of Court 10.613, the Superior Court of California, County of Riverside is seeking public comment on the following proposed fee changes that would become effective July 1, 2012:

 

• Change the annual fee for direct fax filing an unlimited number of documents, found on line 203 of the court’s fee schedule, to $125. This payment would cover the time period between July 1, 2012, and June 30, 2013. The court’s fee schedule can be found on the court’s website at http://riverside.courts.ca.gov by clicking on Fee Schedule under the Forms and Filing tab.

 

• The court also proposes implementing an alternative to the annual fax filing fee by allowing documents to be fax filed at a charge of $1.50 per page.

 

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

 

The public comment period will be open for 45 days. Comments must be received by 5:00 p.m. on Monday, June 11, 2012, in order to be considered as part of the adoption process.
 




PROPOSED NEW AND AMENDED LOCAL RULES AND FORMS

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 Riverside County Superior Court proposes that the following local rule and form changes be made, effective July 1, 2012:

 

Title 3 – Civil

Division 1 – Civil Case Management

Rule 3115 – Where to File Documents (Amended)

Division 2 – Alternative Dispute Resolution

Rule 3210 – Applicable Laws and Rules (Amended)

Rule 3211 – Sanctions (New)

Rule 3218 – Duty to Meet and Confer re: ADR Prior to First Case Management Conference (Amended)

Rule 3227 – Continuance (Amended)

Rule 3228 – Post-ADR Duties; ADR Reports (Amended)

Rule 3230 – Non-Appearance at Mandatory ADR Session; Duty to Provide Cancelation Notice (Amended)

Rule 3231 – Costs (Amended)

Rule 3233 – Alternative Dispute Resolution Procedures (Amended)

Rule 3273 – Court-Ordered Mediation: Pre-Mediation Procedures (Amended)

Rule 3275 – Appearance Required at Mediation; Attendance Sheets (Amended)

 

Title 4 – Criminal

Local Form – Request for Continuance (Petition for Revocation of Community Supervision) (New)

 

Title 5 – Family Law and Juvenile

Division 1 – Family Law

Rule 5110 – Request for Order Procedure (Amended)

Rule 5155 – Child Custody Recommending Counseling of Custody and Visitation (Amended)

Rule 5156 – Peremptory Challenge of a Child Custody Recommending Counselor (Amended)

Rule 5160 – Appearance by Telephone for Family Law Mattes (Amended)

Rule 5165 – Ex-Parte Procedures in Family Law Matters (Amended)

Rule 5166 – Set-Aside Default to Allow the Filing of an Amended Petition (Amended)

Rule 5180 – Formal Judgment and Addenda to Judgment (Amended)

Rule 5185 – Court Appointed Counsel Complaint Procedures (New)

 

Title 7 – Probate

Division 1 – General Provisions

Rule 7139 – Probate Code Section 850 Petitions (New)

Rule 7156 – Notice to Indian Tribe (New)

Division 3 – Guardianships

Rule 7309 – Establishing Child Support Orders in a Guardianship Case (Amended)

Local Form – Petition for Order re: Deposit of Money Belonging to a Minor (New)

Local Form – Order for Deposit of Money Belonging to a Minor (New)

 

To review these rules and forms, please visit the court website at http://riverside.courts.ca.gov and click on local rules under the general information tab.

 

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 Wednesday, April 25th, 2012, so that they can be considered as part of the adoption process.
 




CONSOLIDATED DESERT JUVENILE CALENDAR

As provided by notice to all agencies dated February 14, 2012, the desert juvenile departments (240/241) will be consolidated effective Monday, April 2, 2012, and all juvenile cases will be heard by Judge Charles E. Stafford. To accommodate this consolidation, the calendars have been reconfigured as follows:

 

 

Monday

Tuesday

Wednesday

Thursday

Friday

8:00am

Dependency

Delinquency

Dependency

Delinquency

Dependency

8:30am

All Detentions

All Detentions

All Detentions

All Detentions

All Detentions

1:30pm

All Contested Matters

All Contested Matters

All Contested Matters

All Contested Matters

All Contested Matters

 

The court’s decision to consolidate the desert juvenile departments comes as a result of a stable reduction in filings. In these economic times, it is essential to create efficiencies to realize cost savings and these changes will be closely monitored.

 

Truancy and Safe Schools Courts. Effective April 2, 2012, this calendar will be heard in the Annex Court, Department 1D following the same Thursday and Friday schedules allocated for the three school districts. Effective immediately, citations issued for those calendars must indicate the hearing location to be Department 1D, 46-200 Oasis Street, Indio, California.

 

If you have any questions regarding these changes, please contact Carrie Snuggs, Family Law & Juvenile Director at (951) 777-3533 or via email at Carrie.Snuggs@riverside.courts.ca.gov.

 

To download a PDF version of this announcement,please click here.




COURT NOW ACCEPTING CIVIL GRAND JUROR APPLICATIONS

The Riverside County Superior Court is pleased to announce that it is now accepting applications from qualified citizens interested in being nominated to serve as civil grand jurors for the time period July 1, 2012, through June 30, 2013.

 

Those interested in serving as a grand juror must have the following qualifications: Must be a citizen of the United States; Must be 18 years of age or older; Must have been a resident of Riverside County for at least one year prior to July 1, 2012; Must be of sound judgment and fair character; Must possess sufficient knowledge of the English language; Must be able to attend hearings and meetings three to five days a week; Must not be serving as a trial juror in any court in California; Cannot have been discharged as a grand juror within the previous year; Cannot be serving as an elected public official; and Cannot have been convicted of malfeasance in office, or any felony or high crime.

 

Duties include, but are not limited to, investigating the operations of county government, researching matters of civic concern, and inquiring into public offenses.

 

A per diem, plus mileage is paid to defray expenses.

 

A fillable application can be located on the court’s website at http://riverside.courts.ca.gov/ by selecting grand jury under the divisions tab. An application may also be requested by sending a self-addressed, stamped, business sized envelope to the Grand Jury Secretary. Applications must be received by May 2, 2012, and should be submitted to:

 

Riverside County Grand Jury
Grand Jury Secretary
P.O. Box 829
Riverside, CA 92502




ON-LINE COPY REQUESTS AVAILABLE

Effective January 17, 2012, the Riverside County Superior Court is launching its automated on-line system for requesting copies of documents filed in family law, probate and civil cases.

 

Through this on-line system you will be able to request certified copies of imaged civil documents and copies or certified copies of imaged family law and probate documents that are open to public inspection. You will also be able to request certified minute orders for family law, probate and civil cases.

 

It is estimated that copies of imaged criminal documents will be available in February 2012. Copy fees, including postage, will be assessed. The court accepts Visa, MasterCard, Discover and American Express as forms of payment. Copy requests will be processed within five business days.

 

This convenient service is available 24 hours a day, seven days a week. For further information, please visit the court’s website at http://riverside.courts.ca.gov/ and click on the on-line services tab.




UPDATED CIVIL FEE SCHEDULE AND LOCAL RULES

The court’s updated civil schedule that became effective January 1, 2012, is available on the court’s website, at http://riverside.courts.ca.gov, under the Forms and Filing tab. While there were no fee increases, the statutory authority for some fees did change.

 

In addition, the court’s local rules have been reorganized and became effective January 1, 2012. The local rules are available on the court’s website under the General Information tab.




CIVIL LAW AND MOTION HEARING DATE ON-LINE RESERVATION SYSTEM EXPANDS

Effective Wednesday, December 14, 2011, the automated on-line system for reserving civil law and motion hearing dates will expand and become operational for civil cases pending in the court’s desert region. The system was implemented for civil cases pending in the court’s western and mid-county regions in April of this year.

 

With the exception of unlawful detainer and small claims cases, a civil law and motion hearing date can be reserved on-line through the court’s website. Attorneys and litigants will enter the case number and type of motion with a short title or description and then reserve a hearing date.

 

The only fee charged is the motion filing fee in accordance with statute. There are no additional fees to use this reservation system. The court accepts Visa, MasterCard, Discover, and American Express as forms of payment. A receipt with a confirmation number is available for printing.

 

Once a motion hearing date is reserved through the system, parties must serve and file the motion papers with the court pursuant to statute. Upon the filing of the motion and any related documents with the court, the reserved motion hearing date will be confirmed.

 

This convenient service is available 24 hours a day, seven days a week. For further information, please visit the court’s website at http://riverside.courts.ca.gov/ and click on the on-line services tab.




PUBLIC NOTICE RE INDIO CIVIL CALENDAR CHANGES

Small Claims, Unlawful Detainers and Short Cause Civil Trials Moved to Department 1C Eff. 1/3/12

 

Effective Tuesday, January 3, 2012, Commissioner David E. Gregory will hear all desert small claims, unlawful detainer, and short cause civil trials in Department 1C of the Annex court located at 82-675 State Highway 111, Indio.

 

Please make note of the following calendar time changes:

• Small Claims matters will be heard daily, Monday - Friday at 8:30 a.m.

• Unlawful detainer (landlord tenant) matters will be heard Monday - Thursday at 10:30 a.m.

• Short cause civil trials related to general civil matters scheduled after January 3, 2012, will be set Mondays at 1:30 p.m. (mandatory appearance).

 

Small claims filings will continue to be accepted in the Annex Court; all unlawful detainer and general civil filings will continue to be accepted in the Larson Justice Center.

 

If you have any questions regarding these changes, please contact the civil division supervisors at: Mark Pettie: (760) 393-2299 or Enedina Diener: (760) 393-2094.




PRESIDING JUDGE SHERRILL ELLSWORTH INSTITUTES “PJ SETTLEMENT DAYS” TO RESOLVE CIVIL CASES ON THE DAY OF TRIAL

The Riverside County Superior Court is pleased to announce a new monthly “PJ Settlement Day” program in which Presiding Judge Sherrill Ellsworth will help settle civil cases at the Historic Courthouse immediately before trial. The program begins on January 27, 2012, and is expected to help reduce the court’s civil case backlog and increase access to justice for civil litigants countywide.

 

During a typical Friday morning trial calendar, litigants in over 20 civil cases tell Supervising Civil Judge Mac Fisher that they are ready to start trial. However, there is rarely an open courtroom for each case due to the continuing shortage of judicial officers in Riverside County: The court needs 150 judges but only has 76 judicial officers, leaving a deficit of 74 judges, according to the Judicial Council. Adding to this ongoing strain, the court is preparing for a $10.6 million decrease in state funding for fiscal year 2011- 2012.

 

Therefore, during every Friday morning trial calendar, Judge Fisher encourages each civil litigant to find “a glimmer of hope” for settlement with the help of a mediator in the court’s “last chance” day-of-trial mediation program. This highly successful program was started by Judge Gloria Trask with the assistance of local attorney- mediators, Judge Woody Rich (ret) and Justice Barton Gaut (ret) in June 2008, and is now managed by the Riverside County Bar Association’s Dispute Resolution Service (DRS), directed by Chris Jensen, and supplemented by the Chapman University School of Law Mediation Clinic, directed by David Dowling.

 

But some complex civil cases need the special attention that only a presiding judge can provide, so Presiding Judge Sherrill Ellsworth has decided to carve out time to help settle complicated civil cases that would otherwise require many days in a courtroom before a judge or jury.

 

Judge Ellsworth’s “PJ Settlement Days” will help litigants in these cases avoid the time, expense and stress of lengthy trials while achieving more satisfying resolutions to their disputes, saving Riverside County courtrooms for cases that truly need a judge or jury to determine the outcome.




URGENT ACTION REQUEST - REPORTS ON THE EFFECTS OF THE REDUCTION IN COURT FUNDING

The Desert Bar Association would like to encourage local attorneys to submit Reports on the Effects of Judicial Branch Budget Reductions on Legal Practitioners, Their Clients, and Court Users to the Judicial Council Office of California.

 

The Council is seeking reports of the impact this budget crisis is having - in human terms; detailing specific incidents, including, but not limited to the following information:

 

Your submission should include enough information to enable the Judicial Council to aggregate similar stories and present a picture of the cumulative effects on the public:

1. The trial court at which the incident you are describing occurred;

2. The type of case you or your client brought before the court;

3. The specific reduction in programs or services that impacted you or your client;

4. The immediate, subsequent or residual effect that the reduction had on you and your client, and what that means in terms of access to and the delivery of justice; and

5. Your contact information should the Judicial Council need to follow up with you on your submission.

 

It is not enough to say the lines are long, or that there is a backlog in processing judgments, but if that is the effect you are reporting, please articulate how that impact is felt by your client, what the result of it is on your client's life or well-being.

 

Please submit reports to Donna Hershkowitz, Assistant Director of the AOC Office of Governmental Affairs, by email at donna.hershkowitz@jud.ca.gov, or at (916) 323-3121. Ms. Hershkowitz will aggregate the information for use in statewide outreach and education efforts.




VENTURA COUNTY SUPERIOR COURT - PARTIAL CLOSURES

November 23, December 23, 27, 28, 29 and 30, 2011- Partial Closures

 

Pursuant to Government Code §68106 and California Rules of Court, rule 10.620, the Superior Court of California, County of Ventura, is providing 60 day notice of the decision of the Presiding Judge to institute partial closure days on the above designated dates.

 

The majority of the courtrooms and all clerk’s offices will be closed on November 23, 2011, December 23, 27, 28, 29 and 30, 2011 to mitigate the impact of additional unpaid employee furlough days on court operations.

 

These partial closure days are not court holidays, so statutory deadlines will not be extended. However, drop boxes are currently provided outside each clerical office for filing papers or submitting payments. Documents placed in the boxes by 5:00 p.m. are deemed deposited for filing that same business day. Most cases already calendared for hearing will be rescheduled and the affected parties notified by the court. An exterior walk-up window on the north side of the Hall of Justice, Government Center, 800 South Victoria Ave., will be open between 8:00 a.m. and 6:45 p.m. for handling criminal/traffic and collections payments only. Limited courtrooms will be open to hear urgent matters, and a judge will be available to sign any other necessary documents on an emergency basis at the Hall of Justice. A courtroom will also be open at the Juvenile Justice Center for urgent juvenile matters. All Simi Valley courtrooms will be closed.

 

These dates were selected to minimize the impact on the public and court staff as court business is generally the slowest during the holiday season. The court invited public comment pursuant to rule 10.620(d)(3). The court received nine comments from the public. Seven supported closure to assist with the current budget crisis. Two opposed closure but offered no alternatives to address the budget shortfall.

 

The court has instituted various cost saving measures, including: unpaid employee furloughs, freezing vacancies, layoffs, reengineering court processes for efficiencies, and reduction of expenditures for services and supplies.

 

The above actions are required to address the continued reduction in funding to the California court system. Since 2008, the Governor and Legislature have approved $652 million in ongoing budget cuts to the judicial branch. For fiscal year 2011-12, $2.7 million has been cut from the budget of the Ventura Superior Court. When added to prior reductions, the Ventura Superior Court faces a $5.8 million deficit for 2011-12, along with the prospect of even deeper cuts in 2012-13.




COURT TO OFFER DISCOUNT ON OLD UNPAID TRAFFIC TICKETS

The Riverside Superior Court, along with all other trial courts in the State of California, will offer an “amnesty” period on unpaid tickets from January 1, 2012 through June 30, 2012. This means that if a person meets certain criteria on their unpaid ticket, he/she may be able to resolve it by paying 50% of the amount due.

 

The following criteria must be met to qualify:

  • The ticket is for an infraction filed with the court that was due to be paid in full prior to January 1, 2009. This includes juvenile traffic matters as well;

     

  • No appearance or payment has been made on the case since January 1, 2009;

     

  • The person who received the ticket does not owe any victim restitution within Riverside County; and

     
  • The person who received the ticket does not have any outstanding misdemeanor or felony warrants within Riverside County.

  •  

Some counties throughout the State of California are offering this discount for select misdemeanor cases, however only infraction cases (low level tickets) will qualify in Riverside County.

 

Presiding Judge Sherrill A. Ellsworth remarked, "This is a wonderful opportunity for the citizens of this county to resolve their delinquent traffic matters at a discounted rate. This program will allow the public to clear up their court and driving records, while providing much needed revenue to the state and county. I hope people will take advantage of this mutually beneficial offer."

 

For further information, please review the court’s Infraction Amnesty Program Guidelines by visiting our website at www.riverside.courts.ca.gov. Additional information about specific case eligibility will be available after January 1, 2012. Details on the statewide Amnesty Program may be found at the California Court’s website at http://www.courts.ca.gov/partners/941.htm.




PROPOSED LOCAL RULE CHANGES FOR REVIEW

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 rule changes be made, effective January 1, 2012:

 

 

Title 1 – General
Rule 1001 – Where to File Documents – Repeal Rule 1065 – Case Management Policy – Repeal

 

 

Title 3 – Civil
Rule 3115 – Where to File Documents – New Rule 3117 – Certificate of Counsel – New Rule 3155 – Settlement Conferences – Repeal Rule 3550 – Order to Post Summons – Unlawful Detainer Actions – Repeal

Local Form – Certificate of Counsel – New

 

 

Title 4 – Criminal
Rule 4001 – Where to File Documents – New Rule 4005 – Declaration in Support of Arrest Warrant – Amend Rule 4075 – Order Re: Conviction Set Aside Plea Dismissed Pursuant 1203.4 & 1203.4a of the Penal Code (Felony / Misdemeanor) – Repeal

 

 

Title 5 – Family Law and Juvenile

 

Division 1 – Family Law
Rule 5101 – Where to File Documents – New
Rule 5105 – Facsimile Transmission Filings – Amend
Rule 5110 – OSC/Motion Procedure – Amend
Rule 5120 – OSC/Motion – Service – Repeal
Rule 5125 – OSC/Motion – Continuance – Amend
Rule 5140 – Temporary Restraining Orders – Domestic Violence – Repeal
Rule 5141 – Requests to Dismiss Entire Actions – Amend

 

Division 2 – Juvenile
Rule 5225 – Where to File Documents – New

 

 

Title 7 – Probate
Rule 7001 – Venue – New
Rule 7129 – Declaration Re: Asset Received on Inventory and Appraisal – New

 

 

Title 8 – Appeals
Rule 8000 – Application – New
Rule 8005 – Where to File Documents – New
Rule 8010 – Record on Appeal – Amend
Rule 8015 – Appointment of Counsel – Amend
Rule 8020 – Cost of Transcripts – Repeal
Rule 8025 – Dismissal – Amend
Rule 8030 – Extension or Shortening of Time; Relief from Default – Amend
Rule 8035 – Appeal Processing Schedule – Amend
Rule 8040 – Appeal – Small Claims – Amend

 

To review these rules, please visit the court website at www.riverside.courts.ca.gov/localrules/localrules.shtml

 

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 21, 2011, so that they can be considered as part of the adoption process.




LEVITY FROM THE BENCH - KENTUCKY

On July 19, 2011, Kenton Circuit Judge, Martin J. Sheehan, issued an order of the Kentucky court that illustrates a moment of levity that we thought you might enjoy.  To download the order, please click here and enjoy!




RELOCATION OF RIVERSIDE FAMILY LAW DEPT. F201

Effective Monday, June 6, 2011, Riverside Family Law Department F201 is relocating from the Hall of Justice to the Family Law Courthouse in downtown Riverside. Department F201 will be located on the second floor.

 

Attorneys and litigants appearing for hearings scheduled on or after June 6, 2011, should report to the Family Law Courthouse at 4175 Main Street, Riverside, CA 92501.

 

Questions regarding the relocation of Department F201 can be directed to Ruth Zeamer, Division Manager for Riverside Family Law, at 951-955-6996 or via email at Ruth.Zeamer@riverside.courts.ca.gov.




DIRECT FAX FILING TELEPHONE NUMBERS TO CHANGE

As part of the court’s transition to a new telephone system, effective August 29, 2011, the court’s direct fax filing telephone numbers will change. For a list of the new fax telephone numbers, visit the direct fax filing information page on the court’s website at http://riverside.courts.ca.gov/faxlist.shtml.

 

For the latest information and current listing of all new telephone numbers, please visit the court’s website at www.riverside.courts.ca.gov.

 

Get the latest information by signing up for Listserv emails at http://listserv.riverside.courts.ca.gov or view updates from the court’s Facebook page at www.Facebook.com or receive tweets from the court’s twitter page at www.twitter.com/RivSuperiorCrt.




Court Transition to New Telephone System

Between May and July 1, 2011, the court will be transitioning to a new telephone system. This change will require new court telephone numbers that will be phased in on a courthouse-by-courthouse basis.

 

For the latest information and current listing of telephone numbers, please visit the court’s website at www.riverside.courts.ca.gov. Get the latest information by signing up for Listserv emails at http://listserv.riverside.courts.ca.gov or view updates from the court’s Facebook page or receive tweets from the court’s twitter page at www.twitter.com/RivSuperiorCrt.




CHANGES TO RIVERSIDE FAMILY LAW'S FAX FILING NUMBER

Effective Monday, February 28, 2011, the fax filing number for Riverside Family Law will change.  If you are currently registered to fax file, and need to submit documents to Riverside Family Law, please use fax number 951-955-9160.  A Judicial Council 'Facsimile Transmission Cover Sheet' must accompany each facsimile filing.  Fax filing number 951-955-1939 will no longer be available for use.

 

If you are not yet registered to fax file and are interested in the service, please visit our website at http://riverside.courts.ca.gov/faxlist.shtml.  Parties electing to directly fax file documents will be charged a fax registration fee of $100 for each fiscal year to fax an unlimited number of pages.  Visa, MasterCard, Discover, and American Express may be used to pay the $100 registration fee for the fax-filing program.

 

Questions regarding the changes to Riverside Family Law’s fax filing number can be directed to:  Carrie Snuggs, Family Law & Juvenile Director, at 951-955-1533 or via email at Carrie.Snuggs@riverside.courts.ca.gov.




Expedited Jury Trial Information Sheet

This information sheet is for anyone involved in a civil lawsuit who is considering taking part in an expedited jury trial -- a trial that is shorter and has a smaller jury than a traditional jury trial.  Taking part in this type of trial means you give up your usual rights to appeal.  Please read this information sheet before you agree to have your case tried under the expedited jury trial procedures.

 

To download the Expedited Jury Trial Information Sheet (EJT-010-INFO), please click here.




Judge Michael Hider, Ret., Awarded Judicial Officer of the Year by the Southwest Bar Assoc.

On Thursday, January 20, 2011, the Southwest County Bar Association awarded the Honorable Michael S. Hider with the Judicial Officer of the Year Award for 2010.

 

Judge Hider, who retired from the Merced County Superior Court in 2001, after 17 years of service, came to the Riverside Superior Court that same year to work on assignment as a retired judge. During his time in Riverside County, Judge Hider has worked in the Corona, Hemet, Southwest and Temecula courts, hearing a wide variety of case types including criminal trials, master calendar, drug court, traffic, small claims and limited civil matters. He has been, and continues to be, a valuable asset to the bench, justice community and citizens of Riverside County.

 

The Southwest Bar Association selects their Judicial Officer of the Year after a nomination process by its membership. After review by board members, the successful candidate was chosen. Scott Minturn, the current President of the Southwest Bar Association, commented that Judge Hider was selected for his "judicial demeanor, courtesy to all, and fair rulings."

 

Presiding Judge Sherrill A. Ellsworth further stated that the Riverside Superior Court is “honored and privileged to have Judge Hider sitting in our court."

 

Judge Hider served in the United States Air Force from 1959 to 1962. He received his Bachelor's Degree in Metallurgical Engineering, his Master's Degree in Philosophy, and his Juris Doctorate in 1972. He is married to Eileen and has four children and eight grandchildren.




NOTICE OF FEE CHANGES

EFFECTIVE NOVEMBER 1, 2010

 

As a result of the enactment of Senate Bill 857 (Statutes 2010, chapter 720), various civil filing and criminal fees have been established or increased.

 

New Fee

  • $500 renewal fee for application to appear as counsel pro hac vice for each year a case continues.

 

Increased Fees

  • $40 increase to first paper filing fees for unlimited and limited civil cases where the amount in controversy is more than $10,000.
  • $20 increase to first paper filing fees for limited civil cases where the amount in controversy is $10,000 or less.
  • $300 increase to the summary judgment motion fee.
  • $250 increase to the pro hac vice fee.
  • $10 increase to the security fee (sunsets on July 1, 2011).

 

A revised civil fee schedule is posted on the court’s website and is also available at the clerk’s office.




Riverside County Superior Court Announces SAMHSA Grant Award

Riverside County Superior Court is pleased to announce that its Family Preservation Court, also known as dependency drug court, has been awarded a Substance Abuse and Mental Health Services Administration (SAMHSA) grant of $1.5 million spread over four years.

 

The chair of the court’s Drug Court Oversight Committee, Judge Carol D. Codrington, stated, “This funding will have a positive impact on families in crisis. It will allow the court to expand its collaborative family preservation court program and provide invaluable services which not only saves lives, but heal families."

 

The court will collaborate with its many partners, which include the Department of Public Social Services, Department of Public Health/Public Health Nurses, Juvenile Defense Panels, County Counsel, Children and Families Futures, Department of Education, Riverside County Sheriff’s Department, Mental Health Systems, Inc., Father’s Time, and Department of Mental Health to enhance services and expand the number of families served by the Family Preservation Court throughout Riverside County.

 

Family Preservation Court provides immediate access to a comprehensive network of services to substantially reduce substance abuse, improve family functioning, and establish healthier lifestyles by delivering intensified substance abuse treatment, mental health, and other support services. With the enhancement afforded by the grant funding, the court program plans to add in-home visitation, an educational liaison for all school-aged children, assessments and referrals with Public Health Nurses for all children, the Father’s Time curriculum for men, and peer support groups for all parents enrolled in the program to create and maintain permanent, positive life changes.

 

On average, each parent in Family Preservation Court has two or three children that will receive the enhanced services of the program. The program will offer this enhanced range of services to 150 currently enrolled children and 60 currently enrolled parents. The program will be expanded to accommodate 1,288 newly enrolled children and 515 parents, for a total of 1,438 children and 575 parents over the four-year grant period.

 

The target population is children affected by methamphetamine in families participating in Family Preservation Court. These parents are referred to the Department of Public Social Services, Children’s Services Division (CSD) for child abuse and/or neglect and will be referred to Family Preservation Court prior a case filing in order to keep the children in the home or when necessary, after a petition is filed and the children are removed.

 

The proposed outcomes for the project include:

• 10 percent increase in the numbers of families entering the program prior to a petition being filed with the court, enabling more children to stay in the home.

• Reduce the average length of stay in foster care to six months or less.

• Improve the retention of families in the program to 80 percent.

• 80 percent of families will demonstrate improvement in family functioning.

• 95 percent of children will receive linkages/referrals to needed physical/mental health services.

• 95 percent of children identified as being at-risk will receive links to special educational services.

• 100 percent of newborn babies in the program will not be exposed to drugs.

• Improve overall child well being.

• Improvements in parent criminality, employment, mental health status, and substance abuse.

• 98 percent of families who complete the program will not have children who reenter the foster care system.




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

Justice Tani Cantil-SakauyeMoving 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

Chief 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.




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.




Judicial Profile: Hon. John G. Evans

by Donna Thierbach

 

When I scheduled an interview with Judge John Evans, I thought he was a Riverside County native, since he graduated from the University of California, Riverside (UCR) and Citrus Belt Law School and practiced law in Riverside County.  However, I soon learned he was born in Virginia, though he never lived there.  How does that happen?  (For more, click here.)




Text of Chief Justice Ronald George's State of the Judiciary Address

February 23, 2010.  Read more...




Judge Sharon J. Waters profiled in Los Angeles Daily Journal

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Governor Schwarzenegger Appoints Four to Riverside County Superior Court

On March 26, 2009, Governor Arnold Schwarzenegger announced the appointment of Samuel Diaz Jr., David A. Gunn, Kelly L. Hansen and Mark E. Johnson to judgeships in the Riverside County Superior Court. Read more...




"Reopening an Additional Civil Court and Assignment of New Judges"

Read More...




Judge Miller profiled in Los Angeles Daily Journal

Read more...




"Civil Courts & Desert VCD"

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