Read on for important information about FDAP personnel updates, FDAP’s new legislation tracking page, oral argument procedures, CAP-LA’s August 2024 MCLE series, and State Bar membership requirements.
FDAP Personnel Updates
Please join us in welcoming two new attorneys to the FDAP staff.
Cheryl Anderson joined FDAP in June 2024. Cheryl began her legal career in the trial courts as a deputy public defender before transitioning to appellate work in 1997. For almost 20 years, she alternated between doing panel work and working as a staff attorney at CCAP. Most recently, she worked for the California Assembly Public Safety Committee as Counsel, and then Deputy Chief Counsel. Cheryl graduated from USC law school.
Maria Leftwich joined FDAP in July 2024. Prior to joining FDAP she had a combined fifteen years of experience as a Deputy District Attorney for Sonoma and Placer Counties and six years experience as a panel attorney for the First, Second, and Fourth Districts. She graduated from UC Berkeley School of Law in 1995.
New Legislation: Check FDAP’s Website for Updates
After spending most of July on summer break, California legislators are back in Sacramento to debate and vote on hundreds of bills this month. August 23rd is the last day to amend bills on the Floor, and August 31st is the last day for each house to pass any remaining bills. The Governor will have until September 30th to sign or veto those bills. This means we can expect a lot of legislative activity in the coming weeks, and a lot of new legislation to familiarize ourselves with before the end of the year.
Check out FDAP’s Pending Issues and Legislation page for updates on the various bills we’ve been tracking. We’ll keep the page as up-to-date as possible as the Legislature and Governor act (or don’t act) on these bills. We’ll also hold another new legislation webinar in November for a more detailed overview of all the new legislation relevant to our practice. Two recently enacted bills are:
AB 2521, which, among other things, amends PC 987.9 and 1405 to allow any prosecuting agency representing the state on appeal in a capital case to access the application for specified funds by an indigent defendant when relevant to an issue raised by the defendant.
SB 1353 amends WIC 224.71 to add to the Youth Bill of Rights the right to receive adequate, appropriate, and timely behavioral health services.
Oral Argument Procedures
Over the last year or two, the First District has updated its procedures for requesting oral argument and ensuring the argument remains on calendar after a party has made the initial request. Local Rules 13 and 15 explain these procedures.
Of particular note is the procedure for keeping an argument on calendar when a tentative opinion issues. If a tentative opinion issues, counsel must notify the court and opposing counsel that they still wish to proceed with oral argument. If counsel does not so notify the court, the argument will be taken off calendar.
Also, if a party did not originally request oral argument, that party may not request argument after a tentative opinion issues. The initial request for argument serves both to ensure argument is scheduled and to determine which party has the right to request that the argument stay on calendar if a tentative opinion issues. This means that appellate counsel must initially request argument even if respondent’s counsel also requests argument.
The Request for Oral Argument form has also been updated. Please use the most recent version of the form.
The FDAP consulting staff attorney is available to discuss whether to waive or request oral argument in any case. Such consultations are expected in all assisted cases with issues raised.
Appellate Counsel’s Duties on Remand
When the Court of Appeal remands the matter to the superior court for further action, counsel and clients frequently wonder what happens next and when the superior court will take action. ADI has written a very helpful guide outlining the law and rules applicable to reversals and remands and explaining actions appellate counsel should take to ensure a smooth transition back to the superior court.
Statewide Appellate Project Collaborative Trainings Launched With CAP-LA’s August 2024 MCLE Appellate Practice Series
The first of these joint trainings will be offered by CAP-LA and will provide 6 hours of MCLE credits, including 1 hour of Competency (Prevention and Detection) and 1 hour of Civility in the Legal Profession. This program will be presented via Zoom in 2-hour sessions held on three separate days. A detailed schedule with information about the program sessions and presenters is available at the registration link. We encourage attorneys to attend because FDAP will not repeat these topics at our own trainings.
State Bar Compliance
All attorneys are now required to make disclosures relating client trust fund accounts (Client Trust Account Protection Program – CTAPP). This is a State Bar reporting requirement even if you do not have any client trust fund accounts. Failure to complete the requirement has resulted in suspension for many attorneys. Be sure to check your status with the State Bar to ensure that you are still active. If you are not in compliance, and the Bar has deemed you “not eligible to practice,” immediately stop all work on your cases (so you do not incur further discipline for practicing without an active license) and contact Jonathan Soglin or Brad O’Connell immediately.