Nov. 22, 2016
Save the Date for FDAP's 2017 Annual Training
FDAP's 2017 Annual Training will be a little later than usual to avoid some scheduling conflicts. Our 2017 training will be held on Friday, February 10, 2017. Please save the date. Registration will open after Thanksgiving.
Prop 57 - The Public Safety and Rehabilitation Act of 2016
Attached is a preliminary Q & A regarding Proposition 57, which granted early parole consideration to inmates serving long sentences for non-violent crimes and which amended juvenile law to eliminate prosecutorial discretion to directly charge children in adult court.
Prop 66 Update
As anticipated, a writ has been filed challenging Proposition 66 - the speed-up the Death Penalty initiative. Briggs v. Brown, S238309, was filed in the Supreme Court on November 9, 2016. On November 16, Chief Justice Cantil-Sakauye and Justice Chin were deemed disqualified from participating in the case because they are Chair and Vice-Chair of the Judicial Council, a party to the case. On November 17, the Court denied a request to stay the certification of the election results and denied a stay of enforcement of Prop 66 as unnecessary. That order further provided, "Petitioners may renew their motion for a stay or other relief if and when the certified results establish that Proposition 66 has been approved by the voters." We main confidant it will be quite some time before there would be any enforcement of the Prop 66 provision conscripting Court of Appeal panel attorneys to handle capital cases. Even if that provision is not stayed in the litigation, a rule-making procedure would be required before the provision is enforced. We will continued to keep you updated on this important new law.