Judicial Council of California - File #: 23-125

• File #: 23-125
• Version: 1
• Type: Rule/Form Proposal
• Status: Passed
• File created: 5/30/2023
• In control: Judicial Council
• On agenda: 9/19/2023
• Final action: 9/19/2023
• Title: Rules and Forms | Criminal Procedure: Appointment of Trial Counsel in Capital Cases (Action Required)

Date	Action By	Action	Result
9/19/2023	Judicial Council	approved	Pass

Title

Title

Rules and Forms | Criminal Procedure: Appointment of Trial Counsel in Capital Cases (Action Required)

body

Summary

Summary

The Criminal Law Advisory Committee recommends amending the rule governing qualifications for appointed trial counsel in capital cases. This amendment would clarify that the requirement for appointment of qualified counsel applies in all capital cases unless the district attorney affirmatively states on the record that the death penalty will not be sought.

body

Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2024, amend rule 4.117 of the California Rules of Court to clarify that requirement for appointment of qualified counsel applies in all capital cases unless the district attorney affirmatively states on the record that the death penalty will not be sought.

body