reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68630.

68630. The Legislature finds and declares all of the following:
(a) That our legal system cannot provide “equal justice under law” unless all persons have access to the courts without regard to their economic means. California law and court procedures should ensure that court fees are not a barrier to court access for those with insufficient economic means to pay those fees.
(b) That fiscal responsibility should be tempered with concern for litigants’ rights to access the justice system. The procedure for allowing the poor to use court services without paying ordinary fees must be one that applies rules fairly to similarly situated persons, is accessible to those with limited knowledge of court processes, and does not delay access to court services. The procedure for determining if a litigant may file a lawsuit without paying a fee must not interfere with court access for those without the financial means to do so.
(c) That those who are able to pay court fees should do so, and that courts should be allowed to recover previously waived fees if a litigant has obtained a judgment or substantial settlement.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68631.

68631. An initial fee waiver shall be granted by the court at any stage of the proceedings at both the appellate and trial court levels if an applicant meets the standards of eligibility and application requirements under Sections 68632 and 68633. An initial fee waiver excuses the applicant from paying fees for the first pleading or other paper, and other court fees and costs, including assessments for court investigations under Section 1513, 1826, or 1851 of the Probate Code, as specified in rules adopted by the Judicial Council, unless the court orders the applicant to make partial payments under subdivision (c) of Section 68632, subdivision (d) of Section 68636, or subdivision (e) of Section 68637. Under circumstances set forth in Section 68636, the court may reconsider the initial fee waiver and order the fee waiver withdrawn for future fees and costs or deny the fee waiver retroactively. At the end of the case, the court may recover fees and costs that were initially waived under circumstances set forth in Section 68637. Upon establishment of a conservatorship or guardianship, the court may collect all or part of any fees waived pursuant to this section and Section 68632 from the estate of the conservatee or ward, if the court finds that the estate has the ability to pay the fees, or a portion thereof, immediately, over a period of time, or under some other equitable agreement, without using moneys that normally would pay for the common necessaries of life for the applicant and the applicant’s family.
(Amended by Stats. 2014, Ch. 913, Sec. 23. (AB 2747) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68631.5.

68631.5. For purposes of this article, a conservatee, ward, or person for whom a conservatorship or guardianship is sought, shall be deemed the “applicant,” and the conservator, guardian, or person or persons seeking to establish the conservatorship or guardianship shall be deemed the “petitioner.” In those cases, the petitioner is responsible for completing all forms and providing all information required under this article.
(Added by Stats. 2014, Ch. 913, Sec. 24. (AB 2747) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68635.

68635. (a) This section applies only to waivers of trial court fees.
(b) Notwithstanding any other provision of this article, a person who is sentenced to the state prison or confined in a county jail shall pay the full amount of the trial court filing fees and costs to the extent provided in this section.
(c) To apply for an initial fee waiver, a person who is sentenced to the state prison or confined in a county jail shall complete, under penalty of perjury, a Judicial Council application form giving the current address of the inmate and a statement that he or she is incarcerated, together with a statement of account for any moneys due to the inmate for the six-month period immediately preceding the application. The form shall be certified by the appropriate official of the Department of Corrections and Rehabilitation or a county jail.
(d) When the pleadings or other papers are filed, the court shall assess and, if funds exist, collect as partial payment, a partial filing fee of 20 percent of the greater of either of the following:
(1) The average monthly deposits to the inmate’s account.
(2) The average monthly balance in the inmate’s account for the six-month period immediately preceding the application.
(e) After the initial filing fee is partially paid, the inmate shall make monthly payments of 20 percent of the preceding month’s income credited to the inmate’s account. The Department of Corrections and Rehabilitation, or a county jail, shall forward payments from this account to the clerk of the court each time the amount in the account exceeds ten dollars ($10) until the filing fees are paid in full.
(f) The fees collected by the court under this section shall not exceed the amount of the fees that would be charged to a person who is not incarcerated.
(g) The court may delegate to a clerk the authority to process requests for fee waivers from inmates under this section.
(h) An inmate shall not be prohibited from filing pleadings or other papers solely because the inmate has no assets and no means to partially pay the initial filing fee.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68638.

68638. (a) The trial court may execute on any order for payment of initially waived fees and costs in the same manner as on a judgment in a civil action. The court may issue an abstract of judgment, a writ of execution, or both, for all of the following:
(1) Recovery of the initially waived fees and costs as ordered.
(2) Fees for issuing the abstract of judgment, writ of execution, or both.
(3) A twenty-five-dollar ($25) fee for administering this subdivision.
(4) An amount due to levying officers for serving and collecting on the judgment that will all be added to the writ of execution.
(b) Upon collection, the initially waived fees and costs, the fees for issuing the abstract of judgment and writ of execution, and the twenty-five-dollar ($25) administrative fee shall be remitted to the court. Thereafter, the amount due to the levying officers for serving and collecting on the judgment shall be paid.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68639.

68639. An initial fee waiver shall expire 60 days after the judgment, dismissal, or other final disposition of the case.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68640.

68640. The Judicial Council may adopt a rule of court to allow litigants who are not eligible for a fee waiver to pay court fees in installments.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 6 - Waiver of Court Fees and Costs › Section 68641.

68641. The Judicial Council shall adopt rules and forms to establish uniform procedures to implement this article, including, but not limited to, procedures for all of the following:
(a) Considering and determining applications to proceed without paying court fees and costs at every stage of the proceedings, including at the trial and appellate levels of the court.
(b) Prescribing the court fees and costs that may be waived at every stage of the proceedings.
(c) Giving notice of lien and hearings for reconsideration and recovery of initially waived fees and costs.
(d) Collecting waived fees and costs.
(e) Requesting a hearing when an application is denied.
(f) Any other procedures necessary to implement the provisions of this article.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.

68645. The Judicial Council shall develop an online tool for adjudicating infraction violations, including ability-to-pay determinations. The Judicial Council shall implement the tool on a phased schedule and shall make this tool available statewide on or before June 30, 2024. A defendant, a designee of the defendant, or the defendant’s attorney, may, upon certification, access the online tool. A defendant shall not be compelled to use this online tool.
(Amended by Stats. 2021, Ch. 257, Sec. 9. (AB 177) Effective September 23, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.1.

68645.1. For all infraction violations for which a personal appearance is not required, a court may allow defendants to agree to forfeit bail, plead guilty or nolo contendere, request an ability-to-pay determination, or otherwise adjudicate matters through the use of technology.
(a) The date that the defendant agrees to forfeit bail, plead guilty, or plead nolo contendere shall be reported as the date of conviction for all purposes.
(b) If a defendant requests an ability-to-pay determination, the matter shall be considered adjudicated for purposes of that determination when the defendant agrees to forfeit bail or pleads guilty or nolo contendere.
(c) When a defendant agrees to forfeit bail, plead guilty or nolo contendere through the online tool, or requests an ability-to-pay determination, the defendant has appeared within the meaning of subdivision (a) of former Section 40509 and subdivision (a) of former Section 40509.5 of the Vehicle Code, and the court shall immediately file with the Department of Motor Vehicles the required certificate to recall any failure to appear notifications that have been sent for the citation.
(Amended by Stats. 2022, Ch. 800, Sec. 2. (AB 2746) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.15.

68645.15. A defendant’s request for an ability-to-pay determination through the online tool shall not impact their eligibility to attend traffic violator school pursuant to Section 42005 of the Vehicle Code.
(Added by Stats. 2022, Ch. 191, Sec. 1. (SB 1096) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.3.

68645.3. (a) A court may allow the online tool to electronically verify through encrypted transmittal whether the defendant receives public benefits, defined as any of the public benefits listed in subdivision (a) of Section 68632, by accessing a statewide, county, or other political subdivision of the state database, including the State Department of Social Services.
(b) The court shall obtain the defendant’s consent before the online application may electronically verify benefits.
(c) The online application process shall inform the defendant of all of the following information:
(1) A defendant has the burden of establishing the defendant’s inability to pay.
(2) The online verification is one of the possible means of substantiating the inability to pay.
(3) Other accepted means of verifying inability to pay.
(4) A defendant may upload other evidence in addition to or in lieu of the verification results.
(d) If the court is unable to verify that a defendant receives benefits as described in this section, the defendant may submit other evidence of an inability to pay to the court.
(e) Each court, by adopting a local rule, may authorize the clerk of the court to make ability-to-pay determinations. If a court authorizes the clerk of the court to make those determinations, both of the following apply:
(1) The determinations shall be based on specified criteria as established by the court and posted on its internet website. The criteria may include whether the defendant is receiving public benefits, including those listed in subdivision (a) of Section 68632. The court may establish criteria that waive or reduce the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed by the defendant, by a specified amount, by a specified percentage, or by other specified criteria.
(2) If the clerk of the court denies the reduction, the defendant has the right to a review of the decision by a judicial officer in the trial court.
(Added by Stats. 2021, Ch. 79, Sec. 8. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.4.

68645.4. (a) A court may offer trials by declaration through an online tool for all infractions for which a personal appearance is not required. If a court offers online trials pursuant to this section, all of the following shall apply, notwithstanding Section 40902 of the Vehicle Code:
(1) A defendant shall elect to have an online trial prior to the appearance date indicated on the notice to appear, unless the court grants the defendant an extension, or the court permits the defendant to have a trial at a later date.
(2) If a defendant elects to have a trial through the online tool pursuant to this section, the court shall not require the defendant to submit bail in advance, unless the court makes express findings as to why a particular defendant shall be required to submit bail.
(3) Testimony and other relevant evidence may be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, and a sworn declaration by the defendant.
(4) If a defendant elects to have a trial through the online tool pursuant to this section, the defendant shall not have a right to a trial de novo.
(b) If a court elects to offer online trials pursuant to this section, it shall also make trials by written declaration available to defendants, and paragraphs (1) to (4), inclusive, of subdivision (a) shall apply to all trials by written declaration.
(c) A court may adopt local rules or forms to be consistent with this section, and the rules and forms shall govern proceedings pursuant to this section unless the Judicial Council adopts rules of court or forms for purposes of this article.
(Amended by Stats. 2022, Ch. 57, Sec. 8. (AB 199) Effective June 30, 2022.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.5.

68645.5. (a) No later than February 1, 2022, and annually until February 1, 2025, the Judicial Council shall provide to the Legislature a report including the following information from participating courts that have adopted online ability-to-pay determinations for infraction violations:
(1) Total number of infraction filings.
(2) Total number of ability-to-pay requests made through:
(A) The online tool.
(B) Other locally established ability-to-pay procedures.
(3) Demographic information on defendants using the online tool as reported by the defendant, including but not limited to, income level, public benefits status, race or ethnicity or both, when feasible, and ZIP Code.
(4) The total amount of initial fines and fees assessed for individuals making ability-to-pay requests.
(5) The total amount of adjusted fines and fees recommended by the online tool.
(6) The total amount of fines and fees ordered through:
(A) The online tool.
(B) Other locally established ability-to-pay procedures.
(7) Of the total amount of fines and fees ordered, the total amount collected from:
(A) Online requests.
(B) Requests via locally established ability-to-pay procedures.
(8) The number of payment plans ordered through the online tool.
(9) The number of online trials by declaration conducted in participating courts.
(b) The Judicial Council shall submit the report required pursuant to subdivision (a) in compliance with Section 9795.
(c) In the report due to the Legislature on February 1, 2023, and in addition to the information required in subdivision (a), the Judicial Council shall provide information on the first seven pilot courts, including implementation challenges, the overall effectiveness of the programs in these courts, and how those pilots informed the implementation in subsequent courts.
(Amended by Stats. 2022, Ch. 57, Sec. 9. (AB 199) Effective June 30, 2022.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2 - The Judicial Council › ARTICLE 7 - Ability to Pay Program › Section 68645.7.

68645.7. (a) On or before January 10 of each year, the Department of Finance, in consultation with the Judicial Council, shall estimate the level of funding needed to backfill the judicial branch for the amount reduced based upon the ability-to-pay determinations granted to defendants pursuant to this article. The estimate shall be developed by the Department of Finance, in conjunction with the Judicial Council, and based on the data provided to the Judicial Council by the trial courts as required in subdivision (b). The Department of Finance shall distribute the funds to the judicial branch appropriated for that purpose in the annual Budget Act or any other act approved by the Legislature. The department shall publish its estimate and transmit it to the Legislature at the time of the submission of the Governor’s Budget pursuant to Section 12 of Article IV of the California Constitution.
(b) The Judicial Council shall collect data from the trial courts necessary to request funding from the Department of Finance for the purposes of subdivision (a). Only trial courts that provide data in accordance with the method required by the Judicial Council are eligible for this funding.
(Added by Stats. 2021, Ch. 79, Sec. 8. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.1 - Civil Legal Representation › Section 68650.

68650. This chapter shall be known, and may be cited, as the Sargent Shriver Civil Counsel Act.
(Added by Stats. 2009, Ch. 457, Sec. 6. (AB 590) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.2 - California Access to Justice Commission › Section 68655.

68655. (a) The California Access to Justice Commission (commission), a nonprofit public benefit corporation, is authorized to receive funding as appropriated by the Legislature.
(b) The purposes for which the commission may receive and use funding shall include any or all of the following:
(1) To provide ongoing leadership in efforts to achieve full and equal access to justice for all Californians, including indigent and moderate-means Californians, immigrants, children and families, seniors, persons with disabilities, persons in rural areas, veterans, and others currently unable to meet their legal needs.
(2) To identify and promote improved methods of delivering legal help through coordinated efforts among the three branches of government, the public, attorneys, and others in the public and private sectors.
(3) To carry out functions designated for the commission in legislation or the annual Budget Act, including, but not limited to, administering grant programs and programs supporting the recruitment and retention of legal aid attorneys.
(4) To encourage increases in the resources available to achieve equal access to justice, including funding for legal help for people who cannot afford to pay, and donated time and effort by pro bono lawyers and others.
(Added by Stats. 2023, Ch. 34, Sec. 7. (SB 133) Effective June 30, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.2 - California Access to Justice Commission › Section 68656.

68656. The commission shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this chapter and the Nonprofit Public Benefit Corporation Law, this chapter shall prevail.
(Added by Stats. 2023, Ch. 34, Sec. 7. (SB 133) Effective June 30, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.2 - California Access to Justice Commission › Section 68657.

68657. (a) Members of the commission appointed by state officials shall be as follows:
(1) Two members appointed by the Governor of California.
(2) One member appointed by the Senate President pro Tempore.
(3) One member appointed by the Speaker of the Assembly.
(4) Three members appointed by the Judicial Council.
(b) Action by the commission shall require approval by a majority of members appointed pursuant to subdivision (a) present at a meeting.
(c) Pursuant to its bylaws, the commission may appoint members, who shall be approved by the members specified in subdivision (a) present at a meeting. The appointing authorities shall, in making appointments, make every effort to ensure that there is a geographic balance of representation, and that the members will include a broad representation of organizations and communities who participate in or are affected by the provision of civil justice in California.
(Added by Stats. 2023, Ch. 34, Sec. 7. (SB 133) Effective June 30, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.2 - California Access to Justice Commission › Section 68658.

68658. (a) The term of each commission member shall be four years. Each appointing authority may reappoint a member whose term has expired and shall fill any vacancy for the unexpired portion of the term in which it occurs.
(b) All appointees may continue their term until the appointment of their successors, subject to compliance with subdivision (d).
(c) The commission shall meet as often as required, but at least twice per year. The commission shall provide the public with notice of the date, time, and manner of attendance at least 10 days in advance of each commission meeting and public comments shall be solicited during each meeting. A confidential executive session may be conducted only for attorney-client communications with a lawyer representing the commission.
(d) The commission shall appoint an executive director to serve at the pleasure of the commission to assist in the commission’s duties. The executive director may serve for the commission pro bono.
(e) Members shall attend at least 50 percent of all duly convened meetings in a calendar year, unless the absence has been excused by the executive director. A member who fails to attend at least 50 percent of all duly convened meetings of the commission in a calendar year forfeits membership on the commission, unless the absence has been excused by the executive director. The vacancy shall be filled pursuant to Section 68657.
(f) The commission shall not be a state body and judges who participate as part of their judicial office shall not thereby be undertaking a nonjudicial state office.
(g) Members shall be uncompensated volunteers. Members may be reimbursed for reasonable expenses incurred in participating if the funds available to the commission permit.
(Added by Stats. 2023, Ch. 34, Sec. 7. (SB 133) Effective June 30, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.2 - California Access to Justice Commission › Section 68659.

68659. (a) The commission is expressly authorized to inform the Legislature of its position on any legislative proposal pending before the Legislature and to urge the introduction of legislative proposals.
(b) The commission is expressly authorized to state its position and viewpoint on issues developed in the performance of its duties and responsibilities as specified in this chapter.
(c) The commission is expressly authorized to inform the executive and judicial branches of its positions, including stating positions on regulations and rules and submitting amicus curiae briefs on issues supporting the commission’s mission.
(d) The commission is expressly authorized to hold public hearings, issue reports and recommendations, and initiate projects to provide legal assistance.
(e) In carrying out its mission, the commission does not speak on behalf of any appointing authority or any commissioner as an individual or as the holder of another office, but instead on behalf of the commission as a whole.
(Added by Stats. 2023, Ch. 34, Sec. 7. (SB 133) Effective June 30, 2023.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68660.

68660. As used in this chapter, “center” means the California Habeas Corpus Resource Center, and “board” means the board of directors of the center.
(Amended by Stats. 1999, Ch. 853, Sec. 3. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68660.5.

68660.5. The purposes of this chapter are to qualify the State of California for the handling of federal habeas corpus petitions under Chapter 154 of Title 28 of the United States Code, to expedite the completion of state habeas corpus proceedings in capital cases, and to provide quality representation in state habeas corpus for inmates sentenced to death. This chapter shall be construed and administered consistently with those purposes.
(Added November 8, 2016, by initiative Proposition 66, Sec. 13.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68661.1.

68661.1. (a) The center may represent a person sentenced to death on a federal habeas corpus petition if and only if (1) the center was appointed to represent that person on state habeas corpus, (2) the center is appointed for that purpose by the federal court, and (3) the executive director determines that compensation from the federal court will fully cover the cost of representation. Neither the center nor any other person or entity receiving state funds shall spend state funds to attack in federal court any judgment of a California court in a capital case, other than review in the Supreme Court pursuant to Section 1257 of Title 28 of the United States Code.
(b) The center is not authorized to represent any person in any action other than habeas corpus which constitutes a collateral attack on the judgment or seeks to delay or prevent its execution. The center shall not engage in any other litigation or expend funds in any form of advocacy other than as expressly authorized by this section or Section 68661.
(Added November 8, 2016, by initiative Proposition 66, Sec. 15.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68662.

68662. The superior court that imposed the sentence shall offer to appoint counsel to represent a state prisoner subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following:
(a) The appointment of one or more counsel to represent the prisoner in proceedings pursuant to Section 1509 of the Penal Code upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether to accept or reject that offer.
(b) A finding, after a hearing if necessary, that the prisoner rejected the offer to appoint counsel and made that decision with full understanding of the legal consequences of the decision.
(c) The denial to appoint counsel upon a finding that the person is not indigent.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 16.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68663.

68663. No counsel appointed to represent a state prisoner under capital sentence in state postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly requests continued representation.
(Added by renumbering Section 68653 (as added by Stats. 1997, Ch. 869, Sec. 3) by Stats. 1998, Ch. 485, Sec. 98. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68664.

68664. (a) The center shall be managed by an executive director who shall be responsible for the day-to-day operations of the center.
(b) The executive director shall be chosen by the Supreme Court. The executive director shall serve at the will of the Supreme Court.
(c) The executive director shall ensure that all matters in which the center provides representation are completed as expeditiously as possible consistent with effective representation.
(d) The executive director shall meet the appointment qualifications of the State Public Defender as specified in Section 15400.
(e) The executive director shall receive the salary that shall be specified for the State Public Defender in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2. All other attorneys employed by the center shall be compensated at the same level as comparable positions in the Office of the State Public Defender.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68665.

68665. (a) The Judicial Council and the Supreme Court shall adopt, by rule of court, binding and mandatory competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings, and they shall reevaluate the standards as needed to ensure that they meet the criteria in subdivision (b).
(b) In establishing and reevaluating the standards, the Judicial Council and the Supreme Court shall consider the qualifications needed to achieve competent representation, the need to avoid unduly restricting the available pool of attorneys so as to provide timely appointment, and the standards needed to qualify for Chapter 154 of Title 28 of the United States Code. Experience requirements shall not be limited to defense experience.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 18.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.3 - California Habeas Corpus Resource Center › Section 68666.

68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the court’s Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.
(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.
(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
(Amended by Stats. 2007, Ch. 738, Sec. 21. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68701.

68701. As used in this chapter, “commission” means the Commission on Judicial Performance provided for in Section 8 of Article VI of the Constitution, “masters” means special masters appointed by the Supreme Court pursuant to rules adopted by the Judicial Council, and “judge” means a judge who is the subject of an investigation or proceeding under Section 18 of Article VI of the Constitution.
(Amended by Stats. 1982, Ch. 454, Sec. 81.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68701.1.

68701.1. In order to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judicial system, the commission shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
(Added by Stats. 2021, Ch. 79, Sec. 9. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68701.5.

68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may investigate the conduct or performance of any retired judge serving on senior judge status pursuant to rules adopted by the Judicial Council. The commission also shall have the power to order a retired judge’s senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges’ Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judge’s office from which the retired judge retired.
(Amended by Stats. 2021, Ch. 79, Sec. 10. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68702.

68702. The commission may employ such officers, assistants, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred upon the commission and upon the masters, may arrange for and compensate medical and other experts and reporters, may arrange for attendance of witnesses, including witnesses not subject to subpena, and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of Section 8 and Section 18 of Article VI of the Constitution, whether or not specifically enumerated herein. The Attorney General shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it deems such employment necessary.
(Amended by Stats. 1967, Ch. 17.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68703.

68703. Each member of the commission and each master shall be allowed their necessary expenses for travel, board, and lodging incurred in the performance of their duties.
(Amended by Stats. 2021, Ch. 79, Sec. 11. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 1 - General Provisions › Section 68704.

68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairperson.
(Amended by Stats. 2021, Ch. 79, Sec. 12. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 2 - Co-operation of Public Officers and Agencies › Section 68725.

68725. State and local public bodies and departments, officers and employees thereof, and officials and attaches of the courts of this State shall co-operate with and give reasonable assistance and information to the commission and any authorized representative thereof, in connection with any investigations or proceedings within the jurisdiction of the commission.
(Added by Stats. 1961, Ch. 564.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 2 - Co-operation of Public Officers and Agencies › Section 68726.

68726. It shall be the duty of the sheriffs and marshals in the several counties, upon request of the commission or its authorized representative, to serve process and execute all lawful orders of the commission.
(Amended by Stats. 1996, Ch. 872, Sec. 69. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 3 - Investigations and Hearings › Section 68750.

68750. In the conduct of investigations and formal proceedings, the commission or the masters may (a) administer oaths; (b) order and otherwise provide for the inspection of books and records; and (c) issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony relevant to any such investigation or formal proceeding.
The power to administer oaths, to issue subpoenas, or to make orders for or concerning the inspection of books and records may be exercised by a member of the commission or a master, unless the commission shall otherwise determine.
(Added by Stats. 1961, Ch. 564.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 3 - Investigations and Hearings › Section 68751.

68751. In any investigation or formal proceeding in any part of the State, the process extends to all parts of the State. A person is not obliged to attend as a witness in any investigation or proceeding under this chapter unless the person is a resident within the state at the time of service.
(Amended by Stats. 1981, Ch. 792, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 3 - Investigations and Hearings › Section 68752.

68752. If any person refuses to attend or testify or produce any writings or things required by any subpoena, the commission or the masters may petition the superior court for the county in which the hearing is pending for an order compelling the person to attend and testify or produce the writings or things required by the subpoena before the commission or the masters. The court shall order the person to appear before it at a specified time and place and then and there show cause why the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon the person. If it appears to the court that the subpoena was regularly issued, the court shall order the person to appear before the commission or the masters at the time and place fixed in the order and testify or produce the required writings or things. Upon failure to obey the order, the person shall be dealt with as for contempt of court.
(Amended by Stats. 2021, Ch. 79, Sec. 13. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 3 - Investigations and Hearings › Section 68753.

68753. In any pending investigation or formal proceeding, the commission or the masters may order the deposition of a person residing within or without the state to be taken in such form and subject to such limitations as may be prescribed in the order. If the judge and counsel for the commission do not stipulate as to the manner of taking the deposition, either the judge or counsel may file in the superior court a petition entitled “In the Matter of Proceeding of Commission on Judicial Performance No. ________ (state number),” and stating generally, without identifying the judge, the nature of the pending matter, the name and residence of the person whose testimony is desired, and, directions, if any, of the commission or masters, asking that an order be made requiring that person to appear and testify before a designated officer. Upon the filing of the petition, the court may make an order requiring that person to appear and testify. A subpoena for the deposition shall be issued by the clerk and the deposition shall be taken and returned, in the manner prescribed by law for depositions in civil actions. If the deposition is that of a person residing or present within this state, the petition shall be filed in the superior court of the county in which the person resides or is present; otherwise in the superior court of any county in which the commission maintains an office.
(Amended by Stats. 1982, Ch. 454, Sec. 82.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 3 - Investigations and Hearings › Section 68754.

68754. Each witness, other than an officer or employee of the state or a political subdivision or an officer or employee of a court of the state, shall receive for their attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in civil cases. The amounts shall be paid by the commission from funds appropriated for the use of the commission.
(Amended by Stats. 2021, Ch. 79, Sec. 14. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 4 - Committee to Review the Operations and Structure of the Commission on Judicial Performance › Section 68770.

68770. The Committee to Review the Operations and Structure of the Commission on Judicial Performance is hereby created in state government.
(Added by Stats. 2021, Ch. 79, Sec. 16. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 2.5 - Commission on Judicial Performance › ARTICLE 4 - Committee to Review the Operations and Structure of the Commission on Judicial Performance › Section 68771.

68771. (a) The committee shall consist of 15 members who are the following:
(1) The director of the commission.
(2) The chair of the commission.
(3) A current or former public member of the commission.
(4) The legal adviser to the commission.
(5) Two public members appointed by the Senate Committee on Rules.
(6) Two public members appointed by the Speaker of the Assembly.
(7) Seven members appointed by the Governor.
(A) Two active judges, one of whom shall be a justice of a court of appeal.
(B) Three members of the public.
(C) One director of a judicial conduct commission from another state that is similar in population to the State of California.
(D) One law professor or other person who is recognized as an expert in judicial ethics, who may be an active or retired attorney or judge.
(b) The committee shall appoint a chairperson and establish any subcommittees and operating rules it deems appropriate.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Attorney” means a person who is an active licensee and has been admitted to the State Bar of California for at least 10 years.
(2) “Member of the public” means a person who is not a judicial officer or former judicial officer, has never been a licensee of the State Bar or admitted to practice before any court in the United States, and who complies with the provisions of Section 450 of the Business and Professions Code.
(Added by Stats. 2021, Ch. 79, Sec. 16. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 3 - The Supreme Court › ARTICLE 1 - General Provisions › Section 68801.

68801. The justices and officers of the Supreme Court shall be allowed their actual traveling expenses in going to and from their respective places of residence upon the business of the court or to attend its sessions.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 3 - The Supreme Court › ARTICLE 1 - General Provisions › Section 68802.

68802. If the state does not provide proper rooms in which to hold the court and for the accommodation of the officers of the court, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court, or any three justices, may direct the Clerk/Executive Officer of the Supreme Court to provide them. The expenses thereof, certified by any three justices to be correct, shall be paid out of the State Treasury.
(Amended by Stats. 2017, Ch. 36, Sec. 10. (AB 452) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 3 - The Supreme Court › ARTICLE 1 - General Provisions › Section 68803.

68803. A sufficient sum shall be annually appropriated out of any funds in the State Treasury not otherwise appropriated for the expenses certified pursuant to Section 68802 and to defray the traveling expenses of the justices and officers of the Supreme Court. The money so appropriated is subject to the order of the Clerk/Executive Officer of the Supreme Court. He or she shall disburse the money on proper vouchers, and account for it in annual settlements with the Controller on the first Monday of December of each year.
(Amended by Stats. 2018, Ch. 92, Sec. 122. (SB 1289) Effective January 1, 2019.)