Read on for important information about FDAP staff attorney hiring, recent California Supreme Court decisions, several upcoming training opportunities, and reimbursement for printing electronic records.
Be a FDAP Staff Attorney!
FDAP is hiring one full-time staff attorney. Join us in the rewarding work of representing indigent parties in the California Courts of Appeal in criminal, delinquency, child dependency, and civil commitment appeals.
At FDAP, we are committed to diversity, equity, and inclusion in our workplace, our legal work, California’s justice system, and the legal profession. Benefits include robust health care coverage with no employee contribution to premiums.
FDAP is a hybrid office with staff working in the office twice per week; a full-remote schedule would be considered for particularly strong candidates.
Recent California Supreme Court Decisions
On August 19, the Court issued two long-awaited opinions regarding the Department’s duty of inquiry under the Indian Child Welfare Act. In In re Dezi C. (S275578), the Court held that an inadequate ICWA inquiry requires a conditional reversal and remand for proper inquiry. In re Kenneth D. (S276649) held that, absent exceptional circumstances, an appellate court may not consider evidence uncovered during a postjudgment inquiry to conclude any ICWA inquiry error was harmless.
In August, the Court also issued opinions on two criminal law questions relevant to many of our cases. People v. Walker (S278309) held that a court may refuse to dismiss an enhancement even when an enumerated mitigating circumstance is present, as long as it “assigns significant value” to the mitigator. However, the Court confirmed that the presence of one of the mitigators listed in PC 1385(c) will generally result in dismissal of the enhancement. People v. Lynch (S274942) held that the Chapman standard of prejudice applies where the sentence was imposed prior to SB 567’s amendments to PC 1170, and aggravating factors were not tried to the jury.
Counsel should be alert to the effects of these decisions on pending appeals as it may be necessary to file a supplemental brief and/or new authority letter.
Upcoming Trainings
September 13-14
Stanford Law School
The Pacific Juvenile Defender Center and Stanford Law School’s Youth and Education Law Project and Criminal Defense Clinic are holding the annual Roundtable on Friday, September 13 and Saturday, September 14, 2024. This year, for PJDC’s 25th Anniversary, the theme will be “Transforming the Narrative: Youth Centered Litigation to Eliminate Bias and Advance Racial Justice.” Event details and registration are available on Stanford’s website.
September 25, 12:00-1:00 p.m.
Hosted by ADI & Presented by the State Bar of California, Office of Professional Competence, Lawyer Assistance Program
The presentation will satisfy 1.0 hour of the MCLE Competence requirement and may include physical and mental wellness, well-being, or stress management in the context of the practice of law and the impact these issues can have on an attorney’s ability to perform legal services with competence. Registration is available through ADI’s website.
CACJ Appellate Practice Seminar
October 5, 8:00-2:30 p.m.
California Attorneys for Criminal Justice’s annual Appellate Practice Seminar will take place virtually this year. The theme is “Navigating the New Horizons in Defense Law,” and the seminar will explore the latest developments and critical issues in appellate practice. Full event details, speaker bios, and registration information are available at the link. The seminar is approved for 5.25 MCLE hours.