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May 14, 2008 PROPOSED REVISIONS TO LOCAL COURT RULES Pursuant to California Rules of Court, Rule 10.613 (g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are: Chapter One: Rules 1.7 Chapter Fourteen: Rule 14.20 Comments must be submitted in writing by 5:00 p.m. on June 30, 2008, to Bridget T. Hana, Management Systems Analysis Unit, Superior Court, 111 North Hill Street, Los Angeles, CA 90012. View LASC Local Rules at http://www.lasuperiorcourt.org * * * * * * * * * PROPOSED AMENDMENTS TO THIS RULE WILL BE FOUND IN 1.7(n) ON PAGE THREE OF THIS DOCUMENT. 1.7 COURT COMMISSIONERS (a) Eligibility. An applicant for appointment as a court commissioner must have been admitted to practice before the Supreme Court of California for at least ten years. (Rule 1.7(a) amended and effective 4/4/2001.) (b) Application Form. The Committee on Personnel and Budget shall prescribe, from time to time, the form of written application for appointment as a court commissioner. (c) Selection Process. The Presiding Judge shall appoint a committee of ten judges to review the application of each applicant. The committee shall designate which applicants it finds to be qualified and shall rank them in the order of preference. (Rule 1.7(c) [ (d) Vacancy. When the Presiding Judge determines that a vacancy is to be filled in the office of court commissioner, he/she shall designate the date by which all judges must cast their votes. Not less than ten days prior thereto, a copy of the application of each approved applicant, the order in which the applicants have been ranked, and a ballot containing the names of all approved applicants shall be delivered to each judge of the court. (e) Optional Procedure. After distribution of the copies of the applications and prior to the last day for casting ballots, the Presiding Judge may call a special meeting of the judges at which the approved applicants are introduced. (f) Voting. Each judge voting to fill a vacancy in the office of court commissioner shall cause his/her secret ballot to be delivered to the chair of the Committee on Personnel and Budget not later than 4:00 p.m. on the date theretofore designated by the Presiding Judge. The Committee on Personnel and Budget privately shall canvass the ballots cast and certify to the Presiding Judge the name of the applicant or applicants, not exceeding the number of vacancies to be filled, who received the highest votes. If two candidates receive the same number of votes, the candidate with the highest ranking, established by the Selection Committee, shall be appointed to the Court Commissioner position. (Rule 1.7(f) [ (g) Removal from the List. The Personnel and Budget Committee may remove a candidate's name from the certification list for "Good Cause" and he/she will not be eligible for appointment. (Rule 1.7(g) Removal from the List new and effective 7/1/03.) (h) Order of Appointment. The Presiding Judge shall cause a written order to be made appointing each applicant so certified to be a court commissioner. (Rule 1.7(h) [as (g) (i) Expiration of List. Whenever the list of approved applicants shall consist of less than three names, or the Executive Committee or a majority of all the judges of the court shall so order, the list of approved applicants shall expire and a call for applicants shall be made. (Rule 1.7(i) [as (h) (j) Bail Setting Duty. Each commissioner, in rotation, shall serve in setting bail both during and after court hours and on Saturdays, Sundays and legal holidays. No compensatory pay or time shall be afforded for such services. Such service may be concurrent with TRO/EPO service. (Rule 1.7(j) [as (i) (k) Temporary Telephonic Restraining Orders/Emergency Protective Orders. Each commissioner, in rotation, shall serve in hearing requests for temporary telephonic restraining orders and emergency protective orders after court hours and on Saturdays, Sundays and legal holidays and during court hours when the judicial officer assigned to such duty is unavailable. The commissioner shall not be required to attendto his or her regular duties on days assigned to this service. No compensatory pay or time shall be afforded for such service. (Rule 1.7(k) [as (j) (l) Vacation and Sick Leave. (1) Vacation. Commissioners shall be treated as county employees with an "L" rating for purposes of participating in county employee benefits. Commissioners shall be entitled to vacation and personal leave pursuant to California Rules of Court, rule 10.603. (Rule 1.7(l)(1) [as subdivision (k)(l) (2) Sick Leave. a) In the event a Commissioner is absent due to reasons of disability for a period of 21 court days in any calendar year, the Supervising Judge shall report such information to the Presiding Judge of Superior Court. The Presiding Judge shall notify the Personnel and Budget Committee. b) In the event a Commissioner's absence due to reasons of disability exceeds 42 court days, the Personnel and Budget Committee may: i) Require, after 42 consecutive court days, that a Commissioner who is absent due to reasons of disability shall apply for Short Term Disability benefits. Upon approval and commencement of Short Term Disability benefits, the Commissioner will be placed on Short Term Disability status; and/or ii) Recommend, if a Commissioner is deemed to be permanently disabled due to a non-service connected disability, that the Commissioner apply or that an application for disability retirement, if applicable, be initiated on behalf of said commissioner, based upon the gravity of the issues in question; or iii) Continue to monitor the Commissioner's absence for verified reasons of disability. c) Following 63 court days of continued absence due to reasons of disability, the Personnel and Budget Committee shall review the medical reports provided to the Court by the Commissioner and/or his/her representative. The Personnel and Budget Committee shall recommend one of the following actions to the Executive Committee. i) Determine that the Commissioner shall remain in full employment for a set period of time, at which point his/her situation will be reviewed if s/he is still not able to return to work; ii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, request that the Commissioner apply for Long-Term Disability benefits and/or Disability Retirement, if applicable; iii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, submit, on behalf of the Commissioner, an Application for Disability Retirement, if applicable, pursuant to Government Code section 31721; iv) Grant, upon request of the Commissioner, a leave of absence without compensation pending further review not to exceed an additional 63 court-day period; v) At any time after 63 court days of continued absence due to reasons of disability, require the Commissioner to submit to an independent medical examination. (Rule 1.7(l)(2) [as (k)(2) (Rule 1.7(l) [as (k) (m) Employment Status. Commissioners serve the court as at-will employees. Pursuant to California Government Code section 71622, "subordinate judicial officers shall serve at the pleasure of the trial court." (Rule 1.7(m) [as (l) Disciplinary Proceedings (n) Ninety Days to Determine Matters. (1) It is the duty of a commissioner of this court to determine promptly all matters pending before him/her and in all cases to do so within 90 days after a matter has been submitted for decision. (2) Each Subordinate Judicial Officer shall monthly make and subscribe an affidavit stating that no cause before him or her remains pending and undetermined for 90 days after it has been submitted for ruling or decision. (3) Any Subordinate Judicial Officer who fails to comply with any provision of this subsection shall be reported to the Presiding Judge who shall take appropriate action including, but not limited to, suspension of salary or any other appropriate disciplinary action. (Rule 1.7(n) [as (m) (o) Complaints Re Commissioners. Complaints regarding Commissioners are to be processed pursuant to Section 16 of the Standards of Judicial Administration. (Rule 1.7(o) [as (n) added (p) Procedures for Suspension or Removal. Suspension or termination of services of a Commissioner shall be initiated by the Presiding Judge and carried out in accordance with the following procedures: The Presiding Judge may: Suspend a Commissioner with or without pay and shall advise the Commissioner of the reason(s) therefor in writing; or Place the Commissioner on administrative leave for up to 15 court days pending further review; or Terminate the services of the Commissioner. (Rule 1.7(p) [as (o) added (Rule 1.7 [ 14.20 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION Family Court Services shall provide confidential mediation of custody and visitation disputes, shall conduct or coordinate court-ordered evaluations and shall provide parent education. Family Court Services staff shall facilitate the parents making their own decisions regarding the care of their children. (a) Family Court Services Mediation. 1) This rule applies to all Family Law cases involving a dispute regarding child custody and/or visitation. 2) The Family Code assigns jurisdiction over such matters to the Conciliation Court. In exercising this jurisdiction, Family Court Services shall provide the following: a. A mediation orientation/parent education program (known as Parents and Children Together or PACT) including but not limited to: an explanation of the mediation process and other services available through the court, educational material regarding the effects of parental separation and conflict on children, and referrals specific to domestic violence situations. b. Mediation session(s) focused on the resolution of the custody and/or visitation dispute. 3) Unless otherwise specified below, parents shall attend a mediation orientation/parent education program (PACT) and a mediation session prior to appearing at an Order to Show Cause or Trial regarding the custody and/or visitation of their children, unless they resolve all issues pertaining to custody and/or visitation prior to the date of the OSC. Parents must attend the PACT program only once. An appointment for a mediation session shall be obtained prior to obtaining an Order to Show Cause or a trial date placing child custody and/or visitation at issue. a. Parties in cases filed under the Domestic Violence Prevention Act may attend the PACT program but are not required to do so. b. Failure to attend the mediation orientation/parent education program (PACT) will not preclude the Mediation Office from proceeding with a mediation session in a specific case. c. Failure to attend the mediation orientation/parent education program (PACT) will not preclude a judicial officer from making orders regarding a specific matter before the court. d. This rule and a schedule of PACT sessions shall be provided by the Clerk of the Court to the Petitioner or moving party. The Petitioner or moving party shall serve the same, along with the Petition or Order to Show Cause, on the responding party. The Clerk of the Court will not schedule a court date for an Order to Show Cause regarding custody and/or visitation until the party has scheduled a mediation appointment with Family Court Services. e. Each party shall receive a certificate of completion of the PACT program. It is the responsibility of each party to provide proof of completion of the PACT program upon request of the court. f. Sanctions may be imposed by the Court upon any party for failure to complete the PACT program or Family Court Services mediation. (b) Confidentiality of Family Court Services Proceedings. 1) In any family law proceeding involving the custody or visitation of minor children, any written report or recommendation from the Child Custody Evaluation Unit of Family Court Services or from any person appointed by the Court to render a report shall be confidential and unavailable to any person except the Court (including Juvenile Court and the Department of Children's Services), the parties, their attorneys, expert witnesses, and any person to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall disclose its contents to any child who is the subject of the report. a. Copies of the report shall be furnished by the court to attorneys for the parties or directly to the self-represented parties at least ten (10) days before any hearing or other action which is the subject of the report unless otherwise ordered by the Court. b. The name and address of any party who becomes delinquent in payments owed the court for work performed by the Child Custody Evaluations Office and the amount owed may be released to a collections agency of the court's choosing for the sole purpose of collecting the debt owed the court. c. Nothing in this section shall prevent an evaluator from disclosing the existence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services. 2) Except as provided here, it is the policy of the Los Angeles Superior Court that all Conciliation Court marriage counseling and family mediation services be confidential. Such confidentiality is essential to the effective functioning of the Conciliation Court. a. Family Court Services Staff shall not disclose information to persons other than participants and their counsel, or produce records in violation of this policy. No Family Court Services staff person, party, counsel, or participant shall be compelled to testify concerning any information acquired--including, but not limited to, communications or observations made in connection with the provision of Conciliation Court services. b. Exceptions: i. Nothing in this section shall restrict any person from reporting or serving as a witness where a crime has been committed, or is alleged to have been committed, in his or her presence; ii. Nothing in this section shall restrict Family Court Services staff from complying with any law requiring reporting of child abuse and the fact that such a report was made or exists shall not be deemed confidential; iii. Nothing in this section shall restrict Family Court Services staff from complying with the requirements of Tarasoff v. The Regents of the University of California, 17 Cal.3d 425 (1976); iv. The fact that a Family Court Services mediation session took place, the time and place of that session, and the identities of participants shall not be deemed confidential; v. The fact that an agreement was or was not reached and the contents of any signed stipulation and order resulting from a Conciliation Court session shall not be deemed confidential; vi. Nothing in this section shall prevent a Family Court Services mediator from recommending that a matter be referred for a child custody evaluation, or that an attorney be appointed for a child or children; vii. Nothing in this section shall prevent the Family Court Services mediator from meeting with the judicial officer hearing a contested custody matter in an in-chambers conference with both attorneys and the parties when the parties themselves have both requested and consented to such a conference following the parents having completed the mediation process. viii. Nothing in this section shall prevent a mediator from disclosing the existence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services (c) Adherence to Standards and Requests for Change of Family Court Services Mediator/Evaluator. 1) Mediator: Requests for a change of mediator shall be addressed to a Supervisor, Family Court Services. If the request for change is not satisfactorily resolved, it may then be brought to the attention of the Division Chief, Family Court Services. The request will be granted only upon a showing of good cause. 2) Evaluator: After a stipulation has been filed appointing the Superior Court's Child Custody Evaluations Office and an evaluator has been assigned, each side is permitted one peremptory challenge to the evaluator assigned within five (5) court days of receiving the written notification of the assignment. Challenges for cause may be made at any point in the process through the Administrator of Family Court Services. An evaluator appointed to perform a Solution Focused Evaluation can only be challenged for cause. 3) Good cause may include, but not be limited to, a showing that the mediator or evaluator is personally acquainted with a party or has a conflict of interest or appearance thereof with one of the parties or attorneys, or is otherwise unable to perform his or her duties in a fair and impartial manner. 4) Complaints: Complaints about Family Court Services mediators and evaluators shall be addressed in writing to the Administrator, Family Court Services. A supervisor will review the complaint and the case file and discuss the matter with the individual mediator or evaluator who is the subject of the complaint. A written response will be sent to the person filing the complaint. If either the complainant or the mediator or evaluator is not satisfied with the action taken in connection with the complaint, it may be brought to the attention of the Manager. If appropriate, corrective and/or disciplinary action will be taken with the individual staff person involved. 5) Standards of Practice: It is the responsibility of the court to assure that mediators and evaluators adhere to the Standards of Practice as set forth in the California Rules of Court, Chapter 5. The quality of service is monitored on an on-going basis by: (1) Regular training and clinical supervision of Family Court Services clinical staff and their work; and (2) Review sheets completed by judicial officers on child custody evaluations. (Rule 14.20 [ (d)Assessment of minor(s) seeking permission to marry 1) Statute requires Court and parental consent for minor(s) seeking permission to marry. 2) Minor(s) seeking permission to marry must file with the Court an Application for Consent to Marry ( FAM047) and a Parental Consent Form (FAM048). 3) To assist the Court in determining whether to grant the minor(s) permission to marry, the minor and his/her prospective spouse are required to meet with a Family Court Services Specialist for an assessment for consent to marry. 4) The Family Court Services Specialist shall provide the court with a recommendation as to whether the application should be granted, denied, or deferred. 5) The recommendation to the Court is confidential and unavailable to anyone except the court, the parties, and their attorneys and shall be placed in the confidential envelope. 6) The court shall consider the application, recommendations, and such other matters it deems relevant and thereafter the court shall issue an order to grant or deny the Application for Consent to Marry. ( (Rule 14.20 [ |