AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 17, 2024, effective September 1, 2024 Rule 4.553. Qualifications for appointed counsel for claims under

section 1473(

e) in 1 noncapital case ............................................................................................................ 2 2 Rule 4.551. Habeas corpus proceedings .................................................................... 3 3 Rule 7.2210. General provisions ................................................................................ 7Rule 7.2210.

General provisions ................................................................................ eneral provisions ................................................................................ eneral provisions ................................................................................ 7Rule 7.2210. General provisions ................................................................................ 7 4 Rule 7.2221. Papers to be filed (§ 5975) ................................................................. 10 5 Rule 7.2225.

Petitioner Persons who may file petition (§§ 5974, 5978) ................. 10 6 Rule 7.2230.

Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & 7 (b)(1)) ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ 11 8 Rule 8.385.

Proceedings after the petition is filed ................................................... 11 9 Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court 12 10 Rule 10.603. Authority and duties of presiding judge ............................................. 13 11 12

2 R Rule 4.553. Qualifications for appointed counsel for claims under

section 1473(

e) in 1 noncapital case 2 3 (

a) Purpose 4 5 This rule defines the minimum qualifications for appointment of counsel for a 6 petition for writ of habeas corpus claim filed under

section 1473(

e) in a noncapital 7 case in the superior court. These minimum qualifications are designed to promote 8 competent representation in habeas corpus proceedings related to the California 9 Racial Justice Act of 2020 and to avoid unnecessary delay and expense by assisting 10 the courts in appointing qualified counsel. Nothing in this rule is intended to be 11 used as a standard by which to measure whether a person received effective 12 assistance of counsel. An attorney is not entitled to appointment simply because the 13 attorney meets the minimum requirements. 14 15 (

b) Qualifications 16 17 To be eligible as appointed counsel, an attorney must: 18 19

(1) Be an active member of the State Bar of California. 20 21

(2) Have experience as one of the following: 22 23 (

A) Counsel of record for a petitioner in at least two habeas corpus 24 proceedings filed in the Supreme Court, a Court of Appeal, a superior 25 court, or a federal court. 26 27 (

B) Counsel of record in at least two criminal appeals filed in the Supreme 28 Court, a Court of Appeal, or a federal appellate court. 29 30 (

C) Have the experience required to have represented the individual in the 31 underlying class of criminal case. 32 33

(3) Be familiar with the practices and procedures of California criminal courts. 34 35

(4) Demonstrate proficiency in investigation, issue identification, legal research, 36 analysis, writing, and advocacy. 37 38

(5) Have completed a minimum requirement of 10 hours of training on the 39 California Racial Justice Act of 2020, including training on implicit bias and 40 on habeas corpus procedure, approved for Minimum Continuing Legal 41 Education credit by the State Bar of California. 42 43

3 (

c) Alternative requirements 1 2 The court may appoint an attorney who does not meet all the qualifications stated 3 in (b)(1)–(4) if the attorney meets the qualifications of (b)(5) and demonstrates the 4 ability to provide competent representation to the petitioner. If the court appoints 5 counsel under this subdivision, it should state on the record the basis for finding 6 counsel qualified. 7 8 (

d) Public defender appointments 9 10 When the court appoints the public defender under

section 987.2, the public 11 defender should assign an attorney from that office or agency who meets the 12 qualifications described in (

b) or assign an attorney who the public defender 13 determines would qualify under (c). 14 15 Rule 4.553 adopted effective September 1, 2024. 16 17 Rule 4.551. Habeas corpus proceedings 18 19 (

a) Petition; form and court ruling 20 21

(1) Except as provided in (2), the petition must be on the Petition for Writ of 22 Habeas Corpus (form HC-001). 23 24

(2) For good cause, a court may also accept for filing a petition that does not 25 comply with (a)(1). A petition submitted by an attorney need not be on the 26 Judicial Council form. However, a petition that is not on the Judicial Council 27 form must comply with Penal Code

section 1474 and must contain the 28 pertinent information specified in the Petition for Writ of Habeas Corpus 29 (form HC-001), including the information required regarding other petitions, 30 motions, or applications filed in any court with respect to the conviction, 31 commitment, or issue. 32 33

(3) If a petition raises a claim under Penal Code

section 745(a), the petition must 34 include whether the petitioner requests appointment of counsel and whether 35 the petitioner can afford counsel. 36 37

(4) If a petitioner has an unadjudicated habeas corpus petition pending in the 38 superior court, the petitioner may amend the existing petition with a claim the 39 petitioner’s conviction or sentence was in violation of Penal Code

section 40 745(a). 41 42 (3)(5) 43

4 (

A) On filing, the clerk of the court must immediately deliver the petition to 1 the presiding judge or his or her their designee. The court must rule on 2 a petition for writ of habeas corpus within 60 days after the petition is 3 filed. 4 5 (

B) When an unadjudicated habeas corpus petition is amended to include a 6 claim under

section 745, or otherwise amended with leave of court, the 7 time to rule on a petition for writ of habeas corpus is extended to 60 8 days from the date the amended petition was filed. 9 10 (B)(6)If the court fails to rule on the petition (or amended petition) within 60 days 11 of its filing, the petitioner may file a notice and request for ruling. 12 13 (i)(

A) The The petitioner’s notice and request for ruling must include a declaration 14 stating the date on which any the petition or amended petition was 15 filed, and the date of the notice and request for ruling, and indicating 16 the fact that the petitioner has not received a ruling on the petition.

A 17 copy of the original (and the amended) petition must be attached to the 18 notice and request for ruling. 19 20 (ii)(B)If the presiding judge or his or her their designee determines that the 21 notice is complete and the court has failed to rule, the presiding judge 22 or his or her their designee must assign the petition to a judge and 23 calendar the matter for a decision without appearances within 30 days 24 of the filing of the notice and request for ruling.

If the judge assigned 25 by the presiding judge rules on the petition before the date the petition 26 is calendared for decision, the matter may be taken off calendar. 27 28

(7) If a petition raises a claim under Penal Code

section 745(

a) that is based on 29 conduct or statements by a judge, the judge must disqualify themselves from 30 proceedings under

section 745. 31 32 (4)

(8) For (4)

(8) For the purposes of (a)(3)(5), the court rules on the petition by: 33 34 (

A) Issuing an order to show cause under (c); 35 36 (

B) Denying the petition for writ of habeas corpus; or 37 38 (

C) Requesting an informal response to the petition for writ of habeas 39 corpus under (b). 40 41 (5)

(9) The (5)

(9) The court must issue an order to show cause or deny the petition within 45 42 days after receipt of an informal response requested under (b). 43

5 (Subd (

a) amended effective September 1, 2024; previously amended effective January 1, 1 2002, January 1, 2004, January 1, 2007, January 1, 2009, and January 22, 2019.) 2 3 (

b) Informal response 4 5 * * * 6 7 (

c) Order to show cause 8 9

(1) The court must issue an order to show cause if the petitioner has made a 10 prima facie showing that he or she the petitioner is entitled to relief. In doing 11 so, the court takes petitioner’s factual allegations as true and makes a 12 preliminary assessment regarding whether the petitioner would be entitled to 13 relief if his or her the petitioner’s factual allegations were proved. If so, the 14 court must issue an order to show cause. 15 16

(2) On issuing an order to show cause, the court must appoint counsel for any 17 unrepresented petitioner who desires but cannot afford counsel. 18 19 (3)

(2) An An order to show cause is a determination that the petitioner has made a 20 showing that he or she they may be entitled to relief. It does not grant the 21 relief sought in the petition. 22 23 (Subd (

c) amended effective September 1, 2024; adopted effective January 1, 2002.; 24 previously amended effective January 1, 2007.) 25 26 (

d) Appointment of counsel 27 28

(1) On issuing an order to show cause, the court must appoint counsel for any 29 unrepresented petitioner who desires but cannot afford counsel. 30 31

(2) When a petition raises a claim under Penal Code

section 745(

a) and requests 32 appointment of counsel, the court must appoint counsel if the petitioner 33 cannot afford counsel and either the petition alleges facts that would establish 34 a violation of

section 745(

a) or the State Public Defender requests that 35 counsel be appointed. Newly appointed counsel may amend a petition filed 36 before their appointment. 37 38 (Subd (

d) adopted effective September 1, 2024.) 39 40 (d)(

e) Return 41 42 * * * 43

6 (Subd (

e) relettered effective September 1, 2024; repealed and adopted as subd (d) 1 effective January 1, 2002; previously amended effective January 1, 2004.) 2 3 4 (e)(

f) Denial 5 6 * * * 7 8 (Subd (

f) relettered effective September 1, 2024; adopted as subd (

b) effective January 1, 9 1982; previously amended and relettered as subd (

e) effective January 1, 2002.) 10 11 12 (f)(

g) Evidentiary hearing; when required 13 14

(1) Except as provided in (2), within 30 days after the filing of any denial or, if 15 none is filed, after the expiration of the time for filing a denial, the court must 16 either grant or deny the relief sought by the petition or order an evidentiary 17 hearing.

An evidentiary hearing is required if, after considering the verified 18 petition, the return, any denial, any affidavits or declarations under penalty of 19 perjury, and matters of which judicial notice may be taken, the court finds there 20 is a reasonable likelihood that the petitioner may be entitled to relief and the 21 petitioner’s entitlement to relief depends on the resolution of an issue of fact. 22 The petitioner must be produced at the evidentiary hearing unless the court, for 23 good cause, directs otherwise. 24 25

(2) If the court issues an order to show cause on a claim raised under Penal Code 26

section 745(a), the court must hold an evidentiary hearing, unless the state 27 declines to show cause. The defendant may appear remotely, and the court may 28 conduct the hearing with remote technology, unless counsel indicates the 29 defendant’s presence in court is needed. 30 31 (Subd (

g) amended and relettered effective September 1, 2024; adopted as subd (c) 32 effective January 1, 1982; previously amended and relettered as subd (

f) effective January 33 1, 2002 ) 34 35 (g)(

h) Reasons for denial of petition 36 37

(1) Except as provided in (2), any order denying a petition for writ of habeas 38 corpus must contain a brief statement of the reasons for the denial. An order 39 only declaring the petition to be “denied” is insufficient. 40 41

(2) If the court determines that the petitioner has not established a prima facie 42 showing of entitlement to relief for a claim raised under Penal Code

section 43 745(a), the court must state the factual and legal basis for its conclusion on the 44

7 record or issue a written order detailing the factual and legal basis for its 1 conclusion. 2 3 (Subd (

h) amended and relettered effective September 1, 2024;adopted as subd (

e) effective 4 January 1, 1982; previously amended and relettered as subd (

g) effective January 1, 5 2002.) 6 7 (h)(

i) Extending or shortening time 8 9 * * * 10 (Subd (

i) amended and relettered effective September 1, 2024; adopted as subd (

f) effective 11 January 1, 1982; previously amended and relettered as subd (

h) effective January 1, 12 2002.) 13 14 Rule 4.551 amended effective September 1, 2024; adopted as rule 260 effective January 1, 1982; 15 previously renumbered as rule 4.500 effective January 1, 2001; previously amended and 16 renumbered effective January 1, 2002; previously amended effective January 1, 2004, January 1, 17 2007, January 1, 2009, and January 22, 2019. 18 19 Advisory Committee Comment 20 21 The court must appoint counsel on the issuance of an order to show cause. (In re Clark (1993) 5 22 Cal.4th 750, 780 and People v. Shipman (1965) 62 Cal.2d 226, 231–232.) The Court of Appeal 23 has held that under Penal Code

section 987.2, counties bear the expense of appointed counsel in a 24 habeas corpus proceeding challenging the underlying conviction. (Charlton v. Superior Court 25 (1979) 93 Cal.App.3d 858, 862.) Penal Code

section 987.2 authorizes appointment of the public 26 defender, or private counsel if there is no public defender available, for indigents in criminal 27 proceedings. 28 29 The issue of whether the prima facie showing for a petition for writ of habeas corpus under 30

section 1473(

e) is the same as in

section 745(h)(2) or defined in subdivision (c)(1) of this rule 31 (see In re Marquez (2007) 153 Cal.App.4th 1, 11) is unresolved. 32 33 Subdivision (a)(4) and (7). The committee’s revisions reflect the language in

section 1473(

e) and 34 are not intended to limit a court’s discretion and authority in habeas corpus proceedings that do 35 not include claims under

section 745. 36 37 Rule 7.2210. General provisions 38 39 (a) * * * 40 41 (

b) Access to records (§ 5977.4(a)) 42 43

8 All documents filed and all evaluations, reports, and other documents submitted to 1 the court in CARE Act proceedings are confidential, notwithstanding disclosure of 2 their contents during a CARE Act hearing. No person other than the respondent, the 3 respondent’s counsel, the county behavioral health director or the director’s 4 designee, counsel for the director or the director’s designee, and, with the 5 respondent’s express consent given in writing or orally in court, the respondent’s 6 supporter may inspect or copy the case records without a court order. 7 8 (Subd (

b) amended effective September 1, 2024.) 9 10 (

c) Sealing of records (§ 5976.5(e)) 11 12

(1) A motion to seal records under

section 5976.5(

e) must specify the records to 13 which it applies. 14 15

(2) The respondent must serve the motion to seal on the other parties not later 16 than the close of the next court day after the motion is filed. 17 18

(3) Any opposition to the motion must be filed within 10 court days of the date 19 of service in (2). 20 21

(4) The extensions of time in Code of Civil Procedure sections 1010.6 and 1013 22 apply to motions under

section 5976.5(e). 23 24

(5) The court may grant the motion without a hearing or, if timely opposition is 25 filed, set a hearing on the motion, and provide at least five court days’ notice 26 to all parties. 27 28

(6) Order 29 30 (

A) If the court grants the motion and the sealed record is in paper format, 31 the clerk must place on the envelope or container of the record a label 32 prominently stating “SEALED BY ORDER OF THE COURT ON 33 (DATE).” If the sealed record is in electronic form, the clerk must file 34 the court’s order, maintain the record ordered sealed in a secure 35 manner, and clearly identify the record as sealed by court order on a 36 specified date. 37 38 (

B) The order must state whether any person other than the court is 39 authorized to inspect the sealed record. 40 41

(7) Rules 2.550 and 2.551 do not apply to motions to seal records under

section 42 5976.5(e). 43

9 1 (Subd (

c) adopted effective September 1, 2024.) 2 3 (

d) Respondent within juvenile court jurisdiction (§ 5977.4(c)) 4 5

(1) Informing the juvenile court 6 7 U pon learning that a respondent is within a juvenile court’s dependency, 8 delinquency, or transition jurisdiction, the CARE Act court must inform the 9 juvenile court that a CARE Act petition has been filed on behalf of that 10 respondent. The court may communicate this information in any suitable 11 manner. 12 13

(2) Concurrent jurisdiction with juvenile court 14 15 The CARE Act court is not precluded by statute from exercising jurisdiction 16 over a respondent who is within a juvenile court’s dependency, delinquency, 17 or transition jurisdiction. The CARE Act court and the juvenile court may, 18 therefore, exercise concurrent jurisdiction over such a respondent. 19 20 (Subd (

d) adopted effective September 1, 2024.) 21 22 (

e) Notification of respondent’s attorney in related proceedings (§ 5977.4(c)) 23 24 If the CARE Act court learns that the respondent has been referred from a 25 proceeding identified in

section 5978 or that the respondent is within a juvenile 26 court’s dependency, delinquency, or transition jurisdiction, the court must order the 27 county agency to: 28 29

(1) Notify the respondent’s attorney, if any, in the related case that a CARE Act 30 petition has been filed on behalf of the respondent; and 31 32

(2) Provide the attorney with the contact information of the respondent’s CARE 33 Act attorney, if known. 34 35 (Subd (

e) adopted effective September 1, 2024.) 36 37 (

f) No communication of further information (§ 5976.5) 38 39 Subdivisions (

d) and (

e) of this rule do not authorize the communication of 40 information other than that identified in those subdivisions absent an express 41 waiver by the respondent. 42 43

10 (Subd (

f) adopted effective September 1, 2024.) 1 2 Rule 7.2210 amended effective September 1, 2024; adopted September 1, 2023. 3 4 Advisory Committee Comment 5 6 Subdivisions (

d) and (e). As used in these subdivisions, the phrase “within a juvenile court’s 7 dependency, delinquency, or transition jurisdiction” refers to a respondent whom a juvenile court 8 has found to be described by Welfare and Institutions Code

section 300, 450, 601, or 602 and 9 who is currently within the juvenile court’s jurisdiction based on one of those descriptions. The 10 term does not refer to any other party to a juvenile court proceeding. 11 12 Subdivision (d)(2). The subdivision is intended to describe the effect of existing law. Neither the 13 juvenile court law (Welf. & Inst. Code, §§ 200–987) nor the CARE Act precludes concurrent 14 jurisdiction or, conversely, confers exclusive jurisdiction on either court over matters relating to 15 the mental health treatment of persons who meet the statutory jurisdictional criteria of both. 16 17 18 Rule 7.2221. Papers to be filed (§ 5975) 19 20 (

a) Petition packet (§ 5975) 21 22 A petition to commence CARE Act proceedings must be made on Petition to Commence 23 CARE Act Proceedings (form CARE-100). The petition must include either: 24 25

(1) A completed Mental Health Declaration— CARE Act Proceedings (form 26 CARE-101); or 27 28

(2) The evidence described in

section 5975(d)(2). 29 30 (Subd (

a) amended effective September 1, 2024.) 31 32 (

b) Acceptance of papers for filing 33 34 On receipt of a petition, the clerk must file the petition packet, assign a case 35 number, and place the packet in a confidential file. 36 37 Rule 7.2221 amended effective September 1, 2024; adopted September 1, 2023. 38 39 Rule 7.2225. Petitioner Persons who may file petition (§§ 5974, 5978) 40 41 (

a) Persons who may file petition 42 43

11 A petition to commence proceedings under the CARE Act may be filed by any of the 1 persons identified in

section 5974 or, in the circumstances specified therein,

section 5978. 2 Any person identified in

section 5974 may file a petition to begin CARE Act 3 proceedings. If a petition is based on a referral authorized by

section 5978, only the 4 person designated in that

section may file the petition. 5 6 (Subd (

a) amended effective September 1, 2024.) 7 8 (

b) Petitioner on referral under Penal Code

section 1370.01 9 10 On referral by a court under Penal Code

section 1370.01, an agency designated by 11 the county will be the petitioner. 12 13 Rule 7.2225 amended effective September 1, 2024; adopted September 1, 2023. 14 15 Rule 7.2230. Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1)) 16 17 (

a) Appointment 18 19 If the court finds that the petitioner has made a prima facie showing that the 20 respondent is or may be a person described by

section 5972, the court must, in 21 accordance with procedures established by local rule: 22 23

(1) Appoint a qualified legal services project as counsel to represent the 24 respondent; or 25 26

(2) If no qualified legal services project has agreed to accept CARE Act 27 appointments from the court, appoint a public defender or an attorney acting 28 in that capacity to represent the respondent. 29 30 (Subd (

a) amended effective September 1, 2024.) 31 32 (b)–(c) * * * 33 34 Rule 7.2230 amended effective September 1, 2024; adopted September 1, 2023. 35 36 Rule 8.385. Proceedings after the petition is filed 37 38 (a)–(e) * * * 39 40 (

f) Return to the reviewing court 41 42

12 If the return is ordered to be filed in the Supreme Court or the Court of Appeal, rule 1 8.386 applies. and the court in which the return is ordered filed must appoint 2 counsel for any unrepresented petitioner who desires but cannot afford counsel. 3 4 (Subd (

f) was amended effective September 1, 2024.) 5 6 (

g) Appointment of counsel 7 8

(1) If the return is ordered to be filed in the Supreme Court or the Court of 9 Appeal, the court in which the return is ordered filed must appoint counsel 10 for any unrepresented petitioner who desires but cannot afford counsel. 11 12

(2) When a petition raises a claim under Penal Code

section 745(

a) and requests 13 appointment of counsel, the court must appoint counsel if the petitioner 14 cannot afford counsel and either the petition alleges facts that would establish 15 a violation of

section 745(

a) or the State Public Defender requests that 16 counsel be appointed. Newly appointed counsel may amend a petition filed 17 before their appointment. 18 19 (Subd (

g) was adopted effective September 1, 2024.) 20 21 Rule 8.385 amended effective September 1, 2024; adopted effective January 1, 2009; previously 22 amended effective January 1, 2012, January 1, 2014, and January 1, 2016. 23 24 Advisory Committee Comment 25 26 * * * 27 28 29 30 Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court 31 32 (a)–(e) * * * 33 34 (

f) Evidentiary hearing ordered by the reviewing court 35 36

(1) An evidentiary hearing is required if, after considering the verified petition, 37 the return, any traverse, any affidavits or declarations under penalty of 38 perjury, and matters of which judicial notice may be taken, the court finds 39 there is a reasonable likelihood that the petitioner may be entitled to relief 40 and the petitioner’s entitlement to relief depends on the resolution of an issue 41 of fact. 42 43

(2) If the court issues an order to show cause on a claim raised under Penal Code 1

section 745(a), the court must hold an evidentiary hearing unless the state 2 declines to show cause. The defendant may appear remotely, and the court 3 may conduct the hearing with remote technology, unless counsel indicates the 4 defendant’s presence in court is needed. 5 6 (2)

(3) The ) The court may appoint a referee to conduct the hearing and make 7 recommended findings of fact. 8 9 (Subd (

f) amended effective September 1, 2024.) 10 11 (g) * * * 12 13 Rule 8.386 amended effective September 1;2024; adopted effective January 1, 2009; previously 14 amended effective January 1, 2014, and January 1, 2016. 15 16 Rule 10.603. Authority and duties of presiding judge 17 18 (a)–(b) *** 19 20 (

c) Duties 21 22 (1) *** 23 24

(2) Judicial schedules 25 26 (A) *** 27 28 (

B) The plan should take into account the principles contained in standards 29 10.11 10.13 rules 10.451, 10.452, and 10.462–10.469 (on judicial 30 education) and standard 10.5 (on community activities) of the 31 Standards of Judicial Administration. 32 33 (C)–(I) *** 34 35 (3)–(11) *** 36 37 (Subd (

c) amended effective September 1, 2024; previously amended effective January 1, 38 2001, January 1, 2002, January 1, 2006, July 1, 2006, January 1, 2007, July 1, 2010, and 39 January 1, 2016.) 40 41 (d) *** 42 43

14 Rule 10.603 amended effective September 1, 2024; adopted as rule 6.603 effective January 1, 1 2001; previously amended and renumbered effective January 1, 2007; previously amended 2 effective January 1, 2002, January 1, 2006, July 1, 2006, July 1, 2010, and January 1, 2016. 3 4