Additional Interim Claims; FDAP Panel Survey; Upcoming Webinar

December 16, 2021

Judicial Council Authorizes Additional Interim Claims Through June 30, 2022

FDAP has been informed that the Judicial Council of California has agreed to extend its policy authorizing additional interim claims until June 30, 2022. The temporary policy was first adopted by the Judicial Council in Spring of 2020 to help ease the financial burden of COVID-19, and has been extended several times since then. For more information on the policy, please review the joint memorandum from the appellate projects and the “Are additional interim claims now permitted” FAQ on our COVID FDAP operations FAQ page.  

Under the policy, a pre-AOB early interim claim for record review time only is now permitted in two situations:

  1. The record on appeal exceeds 1,500 pages;
  2. Where counsel has been waiting for an augmented or corrected record longer than 90 days.

In addition, the policy allows for a second interim claim after the reply brief is filed. For post-reply brief claims, counsel may claim time spent preparing the reply brief (line 8) and reviewing the opposing brief (line 10.)

FDAP Panel Survey Regarding Experience in Non-FDAP Work

Knowledge FDAP has about panel members is sometimes limited to information you may have provided to us many years ago. In an effort to update our information, we’re conducting a survey of special expertise and experience FDAP panel members may have developed over the years in such things as new types of cases and foreign language proficiency. 

Please fill out the survey if there is new information you would like us to have. The survey asks about experience gained outside the First District. We already know what mix of work you do in First District cases and do not need an update on that. While we will take your responses into consideration in case selection, your responses will not necessarily change the nature and scope of your appointments in the First District because assignments are based on a complex of factors, such as the mix of available cases, individual performance, etc. That an attorney receives a certain type of a case from another court does not mean FDAP needs more attorneys doing that work in the First District. That said, we want to have the most current information possible so that we can optimize appointments.

Please complete the survey by December 31, 2021. Thank you.

Webinar: Litigating Appeals of Juvenile Court Transfer Orders to Adult Court: January 5, 2022, 12-1 p.m.

As of January 1, 2022, juvenile court transfer orders to adult court are appealable in California. Assembly Bill 624 (also known as the Youth Fair Process Act), signed into law in September, converts the current discretionary writ-review process into a mandatory right of interlocutory appeal. Appellate defenders will need to learn how to litigate these matters. Our trial defender colleagues have been litigating transfer issues for years and are available to train us. Join Ron Rayes, Marketa Sims, and Jonathan Grossman for an intensive one-hour training on the nuts and bolts of transfer with a discussion of major issues.

The webinar will be held via Zoom on January 5, 2022 from 12 to 1 p.m. It is approved for 1.0 hour of MCLE credit, including one hour of appellate and criminal specialization

Register here.