Invitations to Comment
Public comments
Please note that comments received will become part of the public record. You may submit comments online, or e-mail them as specified beneath each proposal below.
Proposals Open for Public Comment by Topic
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Criminal Procedure: Racial Justice Act (PDF, 1549 KB)
Item Number: W24-01
Comments must be submitted by January 19, 2024 5:00 PM (Pacific)
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Comment by email
The Appellate Advisory Committee and the Criminal Law Advisory Committee propose amending rules 4.551, 8.385, and 8.386 of the California Rules of Court and revising Petition for Writ of Habeas Corpus (form HC-001), Motion to Vacate Conviction or Sentence (form CR-187), and Order on Motion to Vacate Conviction or Sentence (form CR-188) to implement the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin.
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Criminal Procedure: Appointment of Counsel for Claims Filed Under Penal Code Section 1473(f) (PDF, 329 KB)
Item Number: W24-02
Comments must be submitted by January 19, 2024 5:00 PM (Pacific)
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Comment by email
The Criminal Law Advisory Committee proposes a rule of court to implement legislation requiring the Judicial Council to develop qualifications for the appointment of counsel in superior court habeas corpus proceedings under Penal Code section 1473(f).1 Section 1473(f) is part of the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin and allows petitioners to make claims for relief based on violations of this Act.
Criminal Procedure: Racial Justice Act (PDF, 1549 KB)
Item Number: W24-01
Comments must be submitted by January 21, 2024 5:00 PM (Pacific)
Submit Comment Online
Comment by email
The Appellate Advisory Committee and the Criminal Law Advisory Committee propose amending rules 4.551, 8.385, and 8.386 of the California Rules of Court and revising Petition for Writ of Habeas Corpus (form HC-001), Motion to Vacate Conviction or Sentence (form CR-187), and Order on Motion to Vacate Conviction or Sentence (form CR-188) to implement the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin.
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Mental Health Law: CARE Act Rule Amendments and Form Revisions (PDF, 1675 KB)
Item Number: W24-03
Comments must be submitted by January 19, 2024 5:00 PM (Pacific)
Submit Comment Online
Comment by email
The Probate and Mental Health Advisory Committee proposes amending four rules of court and revising seven forms to implement Senate Bill 35 (Stats. 2023, ch. 283), which amended both substantive and procedural aspects of the Community Assistance, Recovery, and Empowerment (CARE) Act. In addition, the statute updated the Judicial Council mandate to adopt rules implementing the policies and provisions of the act to add a requirement that the rules include “communications between the CARE Act court and the juvenile court, if applicable,” and to remove the requirement that the rules include “the clerk’s review of the petition.” The Family and Juvenile Law Advisory Committee joins in proposing the amendment of rule 7.2210 and the revision of form CARE-100 to the extent those proposed changes address communications between the CARE Act court and the juvenile court.
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Mental Health Law: CARE Act Rule Amendments and Form Revisions (PDF, 1675 KB)
Item Number: W24-03
Comments must be submitted by January 19, 2024 5:00 PM (Pacific)
Submit Comment Online
Comment by email
The Probate and Mental Health Advisory Committee proposes amending four rules of court and revising seven forms to implement Senate Bill 35 (Stats. 2023, ch. 283), which amended both substantive and procedural aspects of the Community Assistance, Recovery, and Empowerment (CARE) Act. In addition, the statute updated the Judicial Council mandate to adopt rules implementing the policies and provisions of the act to add a requirement that the rules include “communications between the CARE Act court and the juvenile court, if applicable,” and to remove the requirement that the rules include “the clerk’s review of the petition.” The Family and Juvenile Law Advisory Committee joins in proposing the amendment of rule 7.2210 and the revision of form CARE-100 to the extent those proposed changes address communications between the CARE Act court and the juvenile court.
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