California Rules of Court — Rule 4.220 — Remote video proceedings in traffic infraction cases 1 2 (a) Authorization for pilot project remote video proceedings 3 4 (1) With the approval of the Judicial Council, a A superior court may establish 5 by local rule a pilot project through December 31, 2015, to permit 6 arraignments, trials, and related proceedings concerning the traffic infractions 7 specified in (b) to be conducted by two-way remote video communication 8 methods under the conditions stated below. 9 10 (2) To obtain approval of the Judicial Council to conduct a pilot project for 11 remote video proceedings under this rule, a court must submit an application 12 to the council that includes details on what procedures and forms the court 13 intends to institute for processing cases in the pilot project. 14 15 (Subd (a) amended effective September 1, 2015.) 16 17 (b) * * * 18 19 (c) Application 20 21 This rule establishes the minimum procedural requirements and options for courts 22 that conduct a pilot project for remote video proceedings for cases in which a 23 defendant is charged with an infraction as defined in (b) and the defendant’s 24 requests to proceed according to this rule is for a trial or related proceeding that is 25 set for a date after January 31, 2013. 26 27 (Subd (c) amended effective September 1, 2015.) 28 29 (d) * * * 30 31 (e) Scope of court pilot project Required procedures and forms and request by 32 defendant 33 34 A court that conducts remote video proceedings under this rule must comply with 35 the The following procedures and use the required forms in this section must be 36 included in the court’s pilot project for remote video proceedings. In addition to 37 following the standard provisions for processing traffic infraction cases, the 38 defendant may request to proceed by remote video proceeding as provided below. 39 40 (1)–(2) * * * 41 (effective on September 1, 2015 Rule 4)

Cal. R. Ct. 4.220

California Rules of Court

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on August 21, 2015, effective on September 1, 2015 Rule 4.220. Remote video proceedings in traffic infraction cases 1 2 (

a) Authorization for pilot project remote video proceedings 3 4

(1) With the approval of the Judicial Council, a A superior court may establish 5 by local rule a pilot project through December 31, 2015, to permit 6 arraignments, trials, and related proceedings concerning the traffic infractions 7 specified in (

b) to be conducted by two-way remote video communication 8 methods under the conditions stated below. 9 10

(2) To obtain approval of the Judicial Council to conduct a pilot project for 11 remote video proceedings under this rule, a court must submit an application 12 to the council that includes details on what procedures and forms the court 13 intends to institute for processing cases in the pilot project. 14 15 (Subd (

a) amended effective September 1, 2015.) 16 17 (b) * * * 18 19 (

c) Application 20 21 This rule establishes the minimum procedural requirements and options for courts 22 that conduct a pilot project for remote video proceedings for cases in which a 23 defendant is charged with an infraction as defined in (

b) and the defendant’s 24 requests to proceed according to this rule is for a trial or related proceeding that is 25 set for a date after January 31, 2013. 26 27 (Subd (

c) amended effective September 1, 2015.) 28 29 (d) * * * 30 31 (

e) Scope of court pilot project Required procedures and forms and request by 32 defendant 33 34 A court that conducts remote video proceedings under this rule must comply with 35 the The following procedures and use the required forms in this

section must be 36 included in the court’s pilot project for remote video proceedings. In addition to 37 following the standard provisions for processing traffic infraction cases, the 38 defendant may request to proceed by remote video proceeding as provided below. 39 40 (1)–(2) * * * 41

(3) Trial on a date that is separate from the date of arraignment 2 3 The following procedures apply to a remote video proceeding when the court 4 grants a defendant’s request at arraignment to have a trial set for a date that is 5 separate from the date of the arraignment: 6 7 (A) * * * 8 9 (

B) To proceed by remote video trial, the defendant must sign and file a 10 Notice and Waiver of Rights and Request for Remote Video Proceeding 11 (form TR-510) with the clerk by the appearance date indicated on the 12 Notice to Appear or a continuation of that date granted by the court and 13 must deposit bail with the form as required by the court under

section 14 (f). 15 16 (C) * * * 17 18

(4) Judicial Council forms for remote video proceedings 19 20 The following forms must be made available by the court and used by the 21 defendant to implement the procedures that are required by a court’s pilot 22 project under this rule: 23 24 (A)–(C) * * * 25 26 (Subd (

e) amended effective September 1, 2015.) 27 28 (

f) Deposit of bail 29 30

(1) If a defendant requests to proceed by remote video arraignment and trial as 31 provided in

section (e)(1), the defendant must deposit bail, at the same time 32 the request is filed, in the amount established in the uniform traffic penalty 33

schedule under Vehicle Code

section 40310. 34 35

(2) If a defendant requests to proceed by remote video proceeding for a trial as 36 provided in

section (e)(3), the judicial officer may require deposit of bail, at 37 the same time the request for remote video proceeding is filed, in the amount 38 established in the uniform traffic penalty

schedule under Vehicle Code 39

section 40310. 40 41 Procedures for deposit of bail to process requests for remote video proceedings 42 must follow rule 4.105. 43

(Subd (

f) amended effective September 1, 2015.) 1 2 (g)–(l) * * * 3 4 (

m) Noncompliance 5 6 If the defendant fails to comply with this rule (including depositing the bail amount 7 when required, signing and filing all required forms, and complying with all time 8 limits and due dates), the court may deny a request for a remote video proceeding 9 and may proceed as otherwise provided by statute. 10 11 (Subd (

m) amended effective September 1, 2015.) 12 13 (n) * * * 14 15 (

o) Local rules and forms 16 17 A court establishing a remote video trial project proceedings under this rule may 18 adopt such local rules and additional forms as may be necessary or appropriate to 19 implement the rule and the court’s local procedures not inconsistent with this rule. 20 21 (Subd (

o) amended effective September 1, 2015.) 22 23 (

p) Notice and collection of information and reports on remote video proceedings 24 pilot project 25 26 Each court that establishes a pilot project local rule authorizing remote video 27 proceedings under this rule must notify the Judicial Council, institute procedures as 28 required by the Judicial council for collecting and evaluating information about that 29 court’s pilot project program, and must prepare semiannual reports to the Judicial 30 council that include an assessment of the costs and benefits of the project remote 31 video proceedings at that court. 32 33 (Subd (

p) amended effective September 1, 2015.) 34 35 (

q) Effective dates 36 37 This rule is adopted effective February 1, 2013, and remains in effect only until 38 January 1, 2016, and as of that date is repealed, unless a rule adopted before 39 January 1, 2016, repeals or extends that date. 40 41 Rule 4.220 amended effective September 1, 2015; adopted effective February 1, 2013. 42 43

Rule 10.16. Technology Committee 1 2 (

a) Technology policies 3 4 The Technology Committee oversees the council’s policies concerning information 5 technology. The committee assists the council by providing technology 6 recommendations focusing on the establishment of policies that emphasize long-7 term strategic leadership and that align with judicial branch goals. The committee is 8 responsible for determining that council policies are complied with on specific 9 projects approved and funded by the council and that those projects proceed on 10

schedule and within scope and budget. 11 12 (Subd (

a) amended effective September 1, 2015.) 13 14 (

b) Coordination 15 16 The committee coordinates the activities of the Administrative Director of the 17 Courts, council internal committees and advisory committees, the courts, justice 18 partners, and stakeholders on matters relating to court information technology. The 19 committee also, in collaboration or consultation with the Policy Coordination and 20 Liaison Committee, coordinates with other branches of government on information 21 technology issues. 22 23 (Subd (

b) amended effective September 1, 2015.) 24 25 (c) * * * 26 27 (

d) Strategic and tactical technology plans 28 29

(1) Strategic technology plan 30 31 The strategic technology plan describes the technology goals for the branch. 32 With input from advisory committees and individual courts, the committee is 33 responsible for developing and recommending a strategic technology plan for 34 the branch and the courts. 35 36

(2) Tactical technology plan 37 38 The tactical technology plan outlines the technology initiatives and projects 39 that provide a road map for achieving the goals in the strategic technology 40 plan. The committee provides oversight approval and prioritization of the 41 tactical technology plan, which is developed and recommended by advisory 42 committees with input from the courts. 43

1 (Subd (

d) adopted effective September 1, 2015.) 2 3 (d)(

e) Technology needs, standards, and systems 4 5 The committee will, in partnership with the courts, develop timelines and 6 recommendations to the council for: 7 8 (1)–(2) * * * 9 10

(3) Establishing a strategic information technology plan for the judicial branch 11 and the courts; 12 13 (4)

(3) Developing Reviewing and recommending information technology standards; 14 and 15 16 (5)

(4) Developing standardized requests for proposals, identifying appropriate 17 vendors, and Encouraging the courts to leverage their collective economic 18 purchasing power in acquiring technological systems. 19 20 (Subd (

e) amended and relettered effective September 1, 2015; adopted as subd (d).) 21 22 (

f) Sponsorship of branchwide technology initiatives 23 24 The committee may act as executive sponsor of branchwide technology initiatives 25 under the workstream model in rule 10.53(c). 26 27 (Subd (

f) adopted effective September 1, 2015.) 28 29 (

g) Funding of branchwide technology initiatives and projects 30 31 The committee reviews, prioritizes, and recommends requests for the funding of 32 branchwide technology initiatives and projects with input from advisory 33 committees. Factors to be considered by the committee include overall return on 34 investment, business risk, alignment with the technology goals approved by the 35 council in the strategic technology plan, and the availability of sufficient funding 36 from an identifiable funding source. 37 38 (Subd (

g) adopted effective September 1, 2015.) 39 40 (

h) Collaboration and consultation with the committee 41 42

Other committees and advisory bodies should collaborate or consult with the 1 committee (1) before making decisions or recommendations on technology 2 policies, standards, and projects, and (2) before recommending funding priorities or 3 making recommendations to approve funding requests for branchwide technology 4 initiatives and projects. 5 6 (Subd (

h) adopted effective September 1, 2015.) 7 8 (e)(

i) Oversight of advisory committees and task forces 9 10 For those advisory committees and task forces over which it has been assigned 11 oversight by the Chief Justice, the Technology Committee ensures that the 12 activities of each are consistent with the council’s goals and policies. To achieve 13 these outcomes, the committee: 14 15

(1) Communicates the council’s annual charge to each; and 16 17

(2) Reviews an annual agenda for each to determine whether the annual agenda 18 is consistent with its charge and with the priorities established by the 19 council.; and 20 21

(3) Oversees the branchwide technology initiatives sponsored by each. 22 23 (Subd (

i) amended and relettered effective September 1, 2015; adopted as subd (e).) 24 25 Rule 10.16 amended effective September 1, 2015; adopted effective February 20, 2014. 26 27 Rule 10.53. Court Information Technology Advisory Committee 28 29 (

a) Areas of focus 30 31 The committee makes recommendations to the council for improving the 32 administration of justice through the use of technology and for fostering 33 cooperative endeavors to resolve common technological issues with other 34 stakeholders in the justice system. The committee promotes, coordinates, and acts 35 as executive sponsor for projects and initiatives that apply technology to the work 36 of the courts. 37 38 (Subd (

a) amended effective September 1, 2015; previously amended effective January 1, 39 2007.) 40 41 (

b) Additional duties 42 43

In addition to the duties described in rule 10.34, the committee must: 1 2

(1) Oversee branchwide technology initiatives funded in whole or in part by the 3 state; 4 5 (1)

(2) Recommend rules, standards, and legislation to ensure compatibility in 6 information and communication technologies in the judicial branch; 7 8 (2)

(3) Review and comment on requests for the funding of judicial branch 9 technology projects to ensure compatibility with goals established by the 10 council and standards promulgated by the committee; Provide input to the 11 Judicial Council Technology Committee on the technology and business 12 requirements of court technology projects and initiatives in funding requests; 13 14 (3)

(4) Review and recommend legislation, rules, or policies to balance the interests 15 of privacy, access, and security in relation to court technology; 16 17 (4)

(5) Make proposals for technology education and training in the judicial branch; 18 19 (5)

(6) Assist courts in acquiring and developing useful technologies; and 20 21

(7) Establish mechanisms to collect, preserve, and share best practices across the 22 state; 23 24 (6)

(8) Maintain a long-range plan. Develop and recommend a tactical technology 25 plan, described in rule 10.16, with input from the individual appellate and 26 trial courts; and 27 28

(9) Develop and recommend the committee’s annual agenda, identifying 29 individual technology initiatives scheduled for the next year. 30 31 (Subd (

b) amended effective September 1, 2015; previously amended effective January 1, 32 2007.) 33 34 (

c) Sponsorship of branchwide technology initiatives 35 36

(1) Oversight of branchwide technology initiatives 37 38 The committee is responsible for overseeing branchwide technology 39 initiatives that are approved as part of the committee’s annual agenda. The 40 committee may oversee these initiatives through a workstream model, a 41 subcommittee model, or a hybrid of the two. Under the workstream model, 42 committee members sponsor discrete technology initiatives executed by ad 43

hoc teams of technology experts and experienced project and program 1 managers from throughout the branch. Under the subcommittee model, 2 committee members serve on subcommittees that carry out technology 3 projects and develop and recommend policies and rules. 4 5

(2) Technology workstreams 6 7 Each technology workstream has a specific charge and duration that align 8 with the objective and scope of the technology initiative assigned to the 9 workstream. The individual tasks necessary to complete the initiative may be 10 carried out by dividing the workstream into separate tracks. Technology 11 workstreams are not advisory bodies for purposes of rule 10.75. 12 13

(3) Executive sponsorship of technology workstreams 14 15 The committee chair designates a member or two members of the committee 16 to act as executive sponsors of each technology initiative monitored through 17 the workstream model. The executive sponsor assumes overall executive 18 responsibility for project deliverables and periodically provides high-level 19 project status updates to the advisory committee and council. The executive 20 sponsor is responsible for facilitating work plans for the initiative. 21 22

(4) Responsibilities and composition of technology workstream teams 23 24 A workstream team serves as staff on the initiative and is responsible for 25 structuring, tracking, and managing the progress of individual tasks and 26 milestones necessary to complete the initiative. The executive sponsor 27 recommends, and the chair appoints, a workstream team of technology 28 experts and experienced project and program managers from throughout the 29 branch. 30 31 (Subd (

c) adopted effective September 1, 2015.) 32 33 (c)(

d) Membership 34 35 The committee must include at least one member from each of the following 36 categories: 37 38 (1)–(5) * * * 39 40

(5) Trial court information technology officer; 41 42 (5)

(6) Member of the Senate; 43

1 (6)

(7) Member of the Assembly; 2 3 (7)

(8) Representative of the executive branch; and 4 5 (8)

(9) Lawyer. 6 7 (Subd (

d) amended and relettered effective September 1, 2015; adopted as subd (c); 8 previously amended effective January 1, 2007.) 9 10 (d)(

e) Member selection 11 12 The two legislative members are appointed by the respective houses. The executive 13 member is appointed by the Governor. The lawyer member is appointed by the 14 State Bar. In making all other appointments to the committee, factors to be 15 considered include a candidate’s technology expertise and experience, as well as an 16 ability to act as lead executive sponsor for technology initiatives. 17 18 (Subd (

e) amended and relettered effective September 1, 2015; adopted as subd (d).) 19 20 (e)(

f) Chair 21 22 The Chief Justice appoints a judicial officer or justice member to serve as chair. 23 24 (Subd (

f) amended and relettered effective September 1, 2015; adopted as subd (e).) 25 26 Rule 10.53 amended effective September 1, 2015; adopted as rule 6.53 effective January 1, 1999; 27 previously amended and renumbered effective January 1, 2007. 28

Document details

CollectionCalifornia Rules of Court
CitationCal. R. Ct. 4.220
Typecourt_rule
Languageen
Formatpdf
SourceCA_ROC
Identifier14d758e91712898edec7c21a7503022fe42881a6

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California Rules of Court — Rule 4.220 — Remote video proceedings in traffic infraction cases 1 2 (a) Authorization for pilot project remote video proceedings 3 4 (1) With the approval of the Judicial Council, a A superior court may establish 5 by local rule a pilot project through December 31, 2015, to permit 6 arraignments, trials, and related proceedings concerning the traffic infractions 7 specified in (b) to be conducted by two-way remote video communication 8 methods under the conditions stated below. 9 10 (2) To obtain approval of the Judicial Council to conduct a pilot project for 11 remote video proceedings under this rule, a court must submit an application 12 to the council that includes details on what procedures and forms the court 13 intends to institute for processing cases in the pilot project. 14 15 (Subd (a) amended effective September 1, 2015.) 16 17 (b) * * * 18 19 (c) Application 20 21 This rule establishes the minimum procedural requirements and options for courts 22 that conduct a pilot project for remote video proceedings for cases in which a 23 defendant is charged with an infraction as defined in (b) and the defendant’s 24 requests to proceed according to this rule is for a trial or related proceeding that is 25 set for a date after January 31, 2013. 26 27 (Subd (c) amended effective September 1, 2015.) 28 29 (d) * * * 30 31 (e) Scope of court pilot project Required procedures and forms and request by 32 defendant 33 34 A court that conducts remote video proceedings under this rule must comply with 35 the The following procedures and use the required forms in this section must be 36 included in the court’s pilot project for remote video proceedings. In addition to 37 following the standard provisions for processing traffic infraction cases, the 38 defendant may request to proceed by remote video proceeding as provided below. 39 40 (1)–(2) * * * 41 (effective on September 1, 2015 Rule 4)

Cal. R. Ct. 4.220

California Rules of Court

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