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2014 California Rules of Court

Standard 10.41. Court sessions at or near state penal institutions

(a) Provision of adequate protection

Facilities used regularly for judicial proceedings should not be located on the grounds of or immediately adjacent to a state penal institution unless the location, design, and setting of the court facility provide adequate protection against the possible adverse influence that the prison facilities and activities might have on the fairness of judicial proceedings.

(Subd (a) amended effective January 1, 2007.)

(b) Factors to be considered

In determining whether adequate protection is provided, the following factors should be considered:

(1)The physical and visual remoteness of the court facility from the facilities and activities of the prison;

(2)The location and appearance of the court facility with respect to the adjacent public areas through which jurors and witnesses would normally travel in going to and from the court;

(3)The accessibility of the facility to the press and the general public; and

(4)Any other factors that might affect the fairness of the judicial proceedings.

(Subd (b) lettered effective January 1, 2007; adopted as part of subd (a) effective July 1, 1975.)

(c) Compelling reasons of safety or court convenience

Unless the location, design, and setting of the facility for conducting court sessions meet the criteria in (a) and (b):

(1)Court sessions should not be conducted in or immediately adjacent to a state penal institution except for compelling reasons of safety or convenience of the court; and

(2)Court sessions should not be conducted at such a location when the trial is by jury or when the testimony of witnesses who are neither inmates nor employees of the institution will be required.

(Subd (c) amended and relettered effective January 1, 2007; adopted as subd (b) effective July 1, 1975.)

Standard 10.41 amended and renumbered effective January 1, 2007; adopted as sec. 7.5 effective July 1, 1975.

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