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File #: 18-209    Version: 1
Type: Rules Proposal Status: Passed
File created: 10/9/2018 In control: Judicial Council
On agenda: 11/30/2018 Final action: 11/30/2018
Title: Criminal and Appellate Procedure: Superior Court Appointment of Counsel in Death Penalty-Related Habeas Corpus Proceedings (Action Required)
Attachments: 1. 20181130-18-209
Title
Title
Criminal and Appellate Procedure: Superior Court Appointment of Counsel in Death Penalty-Related Habeas Corpus Proceedings (Action Required)

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Summary
Summary
To provide procedures for superior courts to determine if an attorney meets the minimum qualifications for counsel in death penalty-related habeas corpus proceedings and to appoint such counsel for indigent persons subject to a judgment of death, the Proposition 66 Rules Working Group proposes amending one rule and adopting four new rules and two new forms. These proposed rules changes are intended to partially fulfill the Judicial Council's rule-making obligations under Proposition 66. A second report to the Judicial Council presents the working group's recommendations for amendments to related rules governing qualifications of counsel for appointment in death penalty appeals and habeas corpus proceedings.
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Recommendation
Recommendation
The Proposition 66 Rules Working Group recommends that the Judicial Council, effective April 25, 2019:

1. Amend chapter 3 of division 6 of title 4 of the California Rules of Court to divide the chapter into three new articles:
* Article 1-General Provisions;
* Article 2-Noncapital Habeas Corpus Proceedings in the Superior Court; and
* Article 3-Death Penalty-Related Habeas Corpus Proceedings in the Superior Court;
2. Adopt rule 4.545 to provide definitions of terms for chapter 3 and to incorporate by reference the definitions in rule 8.601, which includes terms relevant to the appointment of counsel in death penalty-related habeas corpus proceedings;
3. Amend rule 4.550 to establish that article 2 governs noncapital habeas corpus proceedings in the superior courts;
4. Adopt rule 4.560 to establish that article 3 governs death penalty-related habeas corpus proceedings in the superior courts;
5. Adopt rule 4.561 to establish procedures by which superior courts appoint qualified counsel to represent indigent persons in death penalty-related habeas c...

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