Read on for important information about claims, handling cases with potential immigration consequences, ADI’s panel payment system, judicial appointment news, personnel updates, upcoming trainings, and panel victories.
Which Claims Will be Included on 2024 Form 1099s from the Judicial Council?
According to the Judicial Council, payments issued up to and including December 30, 2024, will be included on the 2024 tax year Form 1099. Thus,
- Any claim approved up to and including Tuesday, December 24, 2024, will be included on the 2024 Form 1099.
- Any claim approved on or after Wednesday, December 25, 2024, will not be included in 2024 but in the 2025 Form 1099.
If your goal is to have a payment included on the 2024 Form 1099, keep in mind that there are many variables that affect the timing of the processing and final approval of the claim, including the complexity of the claim, the need to unsubmit and resubmit a claim with problems or omissions, and the workloads and availability of FDAP and JCC staff processing claims. So please build in buffer time and submit the claim to FDAP long before (maybe even two weeks before) the December 24, 2024 cutoff for approval by the JCC.
If your goal is to have a payment included on your 2025 Form 1099, simply hold off on submitting it to FDAP until after December 24, 2024.
Protecting Clients from Immigration Consequences Stemming from their Criminal Convictions
With stepped enforcement of immigration laws expected, it is time for a reminder about how to approach immigration consequences for clients. A criminal conviction can have dire consequences. Even a long-time California resident who came to this country as an infant and who suffers a relatively minor conviction can face deportation.
Appellate counsel should ascertain their client’s immigration status (usually indicated in the probation report and on the FDAP intake form from trial counsel), assess potential immigration consequences the conviction might bring, and consider whether the client received proper advisements from the Court regarding the immigration consequences of their guilty plea and/or proper advice from counsel when deciding to accept or reject a plea offer.
These issues are complex and we will be having a training on immigration consequence for all appellate panel attorneys in the state on March 13, 2025 (registration not open yet). In the meantime, FDAP staff attorneys are available for consultations and can point you to resources.
ADP Panel Payment System Reminder
As was previously announced, panel payments are now made through ADP (a national payroll service) rather than coming from the State Controller’s Office (SCO). Panel attorneys can contact APHelp@jud.ca.gov if they did not receive the ADP registration invite email or if they have other questions regarding their ADP account.
Judicial Appointments News
Judge Charles A. Smiley, of Alameda County, has been nominated to serve as an Associate Justice of the First District Court of Appeal, Division One.
A Warm Welcome to New FDAP Staff Attorney Matthew Bedrick.
Please join us in welcoming our new Staff Attorney, Matthew Bedrick. Matthew previously worked as a senior staff attorney in the Children’s Rights Program at Mobilization for Justice (MFJ) in New York, NY. In this capacity, he represented low-income parents of students with disabilities to secure appropriate special education services. Prior to MFJ, Matthew was an Equal Justice Works Fellow at the National Center for Youth Law in Oakland, CA. He advocated to ensure that detained immigrant children receive the education services to which they are entitled and worked on two federal class action lawsuits to protect detained immigrant children. Matthew graduated from the University of California, Berkeley, School of Law.
Upcoming Trainings
In a collaborative effort, the appellate projects (CCAP, FDAP, ADI, SDAP & CAP-LA) will now be sharing MCLE trainings to make it easier for panel members to keep current and obtain their required compliance credits. We encourage attorneys to attend trainings hosted by other appellate projects because FDAP will not repeat these topics at our own trainings. Several webinars will take place in December:
New Legislation 2024 (Hosted by FDAP)
December 10, 12:00 p.m. **Note date change*** via Zoom
As 2024 draws to a close, a host of new legislation relevant to our work and the people we serve will be enacted into law. Please join FDAP Staff Attorneys Cheryl Anderson and Kaiya Pirolo for an overview of new criminal, juvenile delinquency, and civil commitment laws. This webinar is eligible for MCLE credit, including appellate and criminal specialization credit. The length of the webinar is yet to be determined, depending on the number and complexity of new laws enacted this year. Register here.
Appellate Practice Selected Topics Seminar (Hosted by CAP-LA)
Jan. 21, 2025 9 a.m. – 3:15 p.m. In-Person & Zoom
CAP-LA is hosting an all-day in-person seminar at the California Endowment Conference Center in downtown Los Angeles. Topics will include a presentation on Ethics, Case Updates and more. A total of 5-hours MCLE to be provided. Registration links will be live on CAP-LA’s website on December 2, 2024. https://cap-la.org/news/
Save the date for FDAP’s Annual Seminar! The seminar will be held in person on October 10, 2025 at the California Endowment’s conference center in downtown Oakland. Join us for a day of criminal and dependency breakout sessions, a keynote speaker, lunch, and the opportunity to connect with your colleagues. Approximately 5 hours of MCLE credit, including appellate and criminal specialization, will be provided. We look forward to seeing all of you in 2025!
Panel Victories
Below are a few noteworthy First District victories from this past month.
A169694 – [Unpublished Opinion | Panel Attorney Courtney Reed]
The Court of Appeal held that the trial court abused its discretion in ordering appellant to pay $7,852.90 in restitution because the award lacked an adequate factual basis, namely evidence that the items claimed were, in fact, stolen from the victim and not recovered.
A169970 – [Unpublished Opinion | Panel Attorney Christopher Stansell]
The Court of Appeal reversed the trial court’s order remanding appellant to CDCR following a probable cause hearing because Penal Code section 3000.08(h) does not authorize remand of a parolee to prison absent a trial court finding that the parolee violated the law or violated conditions of parole (not just probable cause of a violation). A166218 – [Unpublished Opinion | Panel Attorney Janice Lagerlof]
In a case that was tried on a theory of transferred intent, the Court of Appeal reversed appellant’s conviction for attempted murder, finding that the trial court erred by failing to instruct the jury on appellant’s right to self-defense as to attempted murder (although the instruction was given as to the murder charge). The court explained that the error created an untenable situation whereby appellant’s actions could legally be excused as to the unintended victim, but not the intended victim.