File #: 25-078    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 2/24/2025 In control: Judicial Council
On agenda: 4/25/2025 Final action: 4/25/2025
Title: Rules and Forms | Appellate Procedure: Certified Record in Capital Cases (Action Required)
Attachments: 1. 20250425-25-078 - updated 20250327

Title

Title

Rules and Forms | Appellate Procedure: Certified Record in Capital Cases (Action Required)

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Summary

Summary

Penal Code section 1218 previously required courts to transmit a complete transcript to the Governor in cases resulting in a judgment of death. The Legislature recently amended section 1218 to remove this requirement; a court need only transmit a statement of the conviction and judgment. Accordingly, Judicial Council staff recommend amending the rule of court addressing the record in capital cases to reflect the statutory amendment.

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Recommendation

Recommendation

Judicial Council staff recommend that the Judicial Council, effective July 1, 2025, amend California Rules of Court, rule 8.622 to remove the requirement that the clerk send to the Governor copies of the transcripts in cases resulting in a judgment of death.