Invitations to Comment

Proposals currently open for public comment

Submitting comments

Please note that comments received will become part of the public record. You may submit comments online, or mail or E-mail them as specified beneath each proposal below.

Proposals Open for Public Comment by Topic

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Civil Form: Enforcement of Judgment Exemption (PDF, 771 KB)
Item Number: W18-02
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Assembly Bill 688 (Calderon; Stats. 2017, ch. 529) amended Welfare and Institutions Code section 4880 to provide an exemption from enforcement of judgments for funds in special savings accounts for persons with disabilities. The amount exempted is $100,000. To assist court users and to help implement this legislation, the exemption must be added to Judicial Council forms that list exemptions to enforcement of judgments.

Civil Forms: Name Change and Gender Change Forms (PDF, 969 KB)
Item Number: W18-03
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Senate Bill 179, recently signed into law by Governor Brown, includes several new and amended provisions that require revisions to the Judicial Council’s Name Change form series. The new law changes the process for seeking name changes to conform to gender (new Code Civ. Proc., §1277.5); changes the process for adults seeking recognition of a gender change, including by adding “nonbinary” as one of the genders that can be recognized (amended Health & Saf. Code, §§ 103425 and 103430(a)–(b)); and adds a new process for minors seeking recognition of gender changes (new Health & Saf. Code, § 103430(e)). In addition, Senate Bill 310 eliminates the prohibition on name changes for persons under the jurisdiction of the Department of Corrections and Rehabilitation (those in state prison or on parole) and those in county jail, while at the same time adding a service requirement for such petitions. The relevant portions of both new laws will go into effect September 1, 2018. This proposal is to amend, revise, or revoke various Judicial Council forms effective that same date to reflect the statutory changes.

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Criminal Procedure: Felony Waiver and Plea Form (PDF, 1556 KB)
Item Number: W18-04
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes revisions to the Judicial Council Plea Form with Explanations and Waiver of Rights—Felony (form CR-101) in response to recent case law that provided guidance regarding trial courts’ determinations whether jury trial waivers were  knowing, intelligent, and voluntary and the information that must be conveyed to defendants to make these determinations. In conjunction with other proposed revisions to form CR-101 that had circulated for public comment, the proposed revisions regarding jury trial waiver were approved by the Judicial Council effective January 1, 2018, without a prior period of public comment but with Judicial Council direction that the committee circulate the proposed jury trial waiver revisions for public comment in the winter 2018 cycle.

Criminal Jury Instructions (CALCRIM) (PDF, 6695 KB)
Item Number: CALCRIM-2011-11
Deadline for Comments: December 29, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

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Juvenile Delinquency: Information for Parents (PDF, 923 KB)
Item Number: W18-05
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends revising three Judicial Council forms to inform parents whose children are the subject of juvenile court wardship proceedings about recent changes to the law that affect their rights and the rights of those children.

Juvenile Law: Sealing of and Access to Records (PDF, 369 KB)
Item Number: W18-06
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes new and amended rules and new and revised forms to conform to recently enacted statutory provisions concerning the sealing of juvenile records. The proposal would update recently adopted rules and forms to implement sealing of records under Welfare and Institutions Code section 7861 to include changes to that section that go into effect on January 1, 2018; modify forms to reflect the authority of the court to seal records for section 707(b) offenses; and adopt a new rule and optional form for use by probation to seal records under newly enacted section 786.5.

Juvenile Law: Presumptive Transfer of Specialty Mental Health Services (PDF, 1012 KB)
Item Number: W18-07
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes the adoption of two California Rules of Court and four juvenile law (JV) forms, including an information sheet. These rules and forms implement a procedural framework for a juvenile court review hearing created by recent legislation involving foster children’s access to specialty mental health services under federal Early and Periodic Screening, Diagnosis and Treatment services. When a foster child or nonminor is moved to a different county, the responsibility for providing and arranging for specialty mental health services is presumptively transferred to the new county unless certain exceptions apply. Assembly Bill 1299 (Ridley-Thomas; Stats. 2016, ch. 603), provides certain individuals the right to request a hearing to challenge a placing agency’s determination regarding that transfer. The proposed rules and forms are intended to provide procedural clarity for this unique hearing. The committee also recommends renumbering a JV form to keep the JV forms related to this proposal in sequential order with forms related to the administration of a foster child’s psychotropic medications.

Court Administration: Judicial Sabbaticals (PDF, 196 KB)
Item Number: W18-01
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Judicial sabbaticals are addressed in the Government Code and the California Rules of Court. Current law and practices provide for only unpaid sabbaticals on approval of the Judicial Council. The council’s Executive and Planning Committee proposes amending rule 10.502 to make it consistent with current law and practices and to eliminate outdated provisions on paid sabbaticals The amendments would also eliminate the role of the Judicial Sabbatical Review Committee.

Judicial Council: Advisory Committee Membership and Terms (PDF, 390 KB)
Item Number: SP17-07
Deadline for Comments: January 2, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council’s Rules and Projects Committee (RUPRO) proposes amending several rules of court relating to memberships on advisory committees. The amendments would amend rule 10.31, the general rule on memberships, to clarify the terms of the chairs, members, and advisory members. It would also amend the rules relating to four specific advisory committees to add new or modify existing categories of membership.

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Probate Conservatorships: Interstate Transfer (PDF, 762 KB)
Item Number: W18-08
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee recommends approving four Judicial Council forms for optional use to transfer conservatorship proceedings into and out of California under the California Conservatorship Jurisdiction Act (CCJA). The CCJA provides the exclusive basis for determining whether a California court, as opposed to a court of another state, has jurisdiction to appoint a probate conservator.

Probate Law: Appointment of Counsel (PDF, 673 KB)
Item Number: W18-09
Deadline for Comments: February 9, 2018 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee recommends approving a form for optional use to apply for and order the appointment of counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee, including a limited conservatee, in a proceeding under division 4 (beginning with section 1400) of the Probate Code, which includes the Guardianship-Conservatorship Law. Probate courts and other stakeholders have indicated that appointment of counsel early in a proceeding would promote more efficient and informed case management and better protect the legal rights of persons subject to guardianship or conservatorship.

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Contact Information

Unless otherwise indicated, send responses to:

Judicial Council of California
Attn: Invitations to Comment
455 Golden Gate Ave.
San Francisco, CA 94102

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