Contact: Lynn Holton, Public Information Officer, 415-865-7740
August 23, 2011
Judicial Council to Consider Fee Authorization Request at Public Meeting
San Francisco – The Judicial Council will consider a request by the Bar Association of San Francisco that the council amend a statewide rule of court to authorize trial courts to establish a new fee for the appearance of each attorney at a case management conference in a complex civil case.
The request will be considered at the council’s public business meeting scheduled from 8:30 a.m. to 4:20 p.m. on Friday, August 26, in the Judicial Council Conference Center, Hiram Johnson State Office Building, Third Floor, 455 Golden Gate Avenue, San Francisco.
A summary of the agenda item follows, as it appears on the council’s revised agenda:
“The Bar Association of San Francisco (BASF) has requested that the Judicial Council amend rule 10.815 to authorize trial courts to establish a new fee for the appearance of each attorney at a case management conference in a complex civil case. The AOC recommends that the Judicial Council not amend rule 10.815 as requested. Rule 10.815 implements Government Code section 70631, which authorizes courts to charge a reasonable cost-recovery fee for providing a service or product in the absence of a statute or rule authorizing or prohibiting a fee for the particular service or product, if the Judicial Council approves the fee. The Legislature has addressed fees for complex cases and case management conferences, and amending rule 10.815 as requested would be inconsistent with statute.”
Chaired by Chief Justice Tani Cantil-Sakauye, the council is the administrative policymaking body of California courts. A live audiocast of the meeting and an educational session on August 25 and 26 will be available on the California Courts website at http://www.courts.ca.gov/policyadmin-jc.htm. The revised agenda is posted at http://www.courts.ca.gov/documents/age20110826.pdf.