Important New Legislation And A Reminder To Check FDAP’s Website For Updates
FDAP is closely monitoring a slate of bills awaiting the governor’s signature on or before October 10, 2021. We want to alert the panel to several bills that have already been signed and will become law on January 1, 2022.
SB 775: Expands 1170.95 resentencing relief to those convicted of attempted murder or manslaughter under a theory of felony murder and the natural probable consequences doctrine. Of note: This bill authorizes those eligible for relief with non-final cases to seek relief on direct appeal.
AB 177: Eliminates 17 administrative fees related to criminal charges or convictions and renders unenforceable and uncollectible any unpaid debt associated with those fees. The bill applies to final and nonfinal cases and closely tracks the language of AB 1869, which eliminated 23 administrative fees as of July 1, 2021.
AB 518: Amends Penal Code section 654 to give the trial court discretion to sentence a defendant to any of the offenses subject to the statute, instead of just the offense carrying the longest possible term of incarceration.
AB 624: Requires that an order transferring a minor from the juvenile court to a court of criminal jurisdiction be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor.
AB 788: Clarifies that under Welfare and Institutions Code section 361.5, subd. (b)(13), “resisted” means that the parent or guardian refused to participate meaningfully in a prior court-ordered treatment program and does not include passive resistance, as described in In re B.E. (2020) 46 Cal.App.5th 932.
In addition to reviewing these new laws, we encourage attorneys to familiarize themselves with pending legislation to assess the potential application to their clients. FDAP’s website is updated regularly, and the Pending Issues and Legislation page is an excellent source of information about pending bills. If there are concerns about retroactivity, or about keeping a case from becoming final, please review FDAP’s finality cheat sheet or reach out to your FDAP consulting attorney. FDAP will provide in-depth analysis on many of these bills once their fate is known.
End-of-Year Legislative Roundup Webinar: November 9, 2021, 12 to 1 p.m.
There was no shortage of criminal and juvenile justice bills this past legislative session, and a number of new laws relevant to our practice will be taking effect at the start of next year. Join FDAP Staff Attorneys Nat Miller and Deborah Rodriguez on November 9, 2021 from 12:00 to 1:00 p.m. for an end-of-year legislative roundup webinar providing an overview of these new laws and their likely impact on our practice.
The webinar is approved for 1.0 hour of MCLE credit. Register here.
Sixth District Appellate Program Virtual Fall Appellate Seminar
The annual SDAP Seminar will be held via Zoom on Thursday, October 21, 2021 from 10:00 a.m. to 12:30 p.m. and Thursday, October 28, 2021 from 10:00 a.m. to 12:15 p.m. The seminar is free to all SDAP panel attorneys. Advance registration is required. This seminar series is approved for 4.5 hours of General MCLE credits, including one hour of ethics credit. More details and a complete list of speakers and topics is available here.
Employment Opportunities
CCAP Staff Attorney
The Central California Appellate Program (CCAP) has a staff attorney position open for an attorney with a deep interest in criminal law and appellate practice. The position offers an opportunity to work with a highly-committed staff whose goal is to maintain and improve the quality of indigent appellate representation by selecting, assisting, and training the panel of attorneys who provide the bulk of the direct representation in the Third and Fifth District Court of Appeal. The direct representation not handled by the panel is provided by CCAP staff attorneys. CCAP’s role also includes providing administrative assistance to both courts. Salary depends on experience. Excellent benefits package. Detailed information about CCAP and application requirements is available here.
Office of the State Public Defender: Supervising Staff Attorneys
The Office of the State Public Defender (OSPD) has several openings in its Sacramento and Oakland offices, including supervising attorneys for the Indigent Defense Improvement Division (IDID). By legislative mandate, the IDID of the OSPD provides assistance and training to county-based indigent defense systems and engages in related efforts to improve the quality of indigent defense across the state. Information about these positions is available on the OSPD website.
First District Court of Appeal: Staff Attorneys
The California Court of Appeal, First Appellate District is accepting applications for immediate and future staff attorney vacancies. Staff attorneys assist in the drafting of bench memoranda and proposed opinions; review, evaluate, and analyze appellate briefs, trial records, and other documents; conduct independent research; and work on writ matters. More information about the position and application process is available on the Judicial Council website.