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  • Alameda Public Defender Motion To Compel An Accurate Record of Proceedings

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    A motion filed Nov. 15, 2016 in an Alameda County Superior Court criminal case asking the court to address administrative errors that have resulted in false arrests, people held in custody beyond their scheduled release and erroneous requirements that some defendants register as sex offenders. The motion by Public Defender Brendon Woods argues that court's relatively new electronic filing system, called Odyssey, is systemically denying dozens of his clients of their constitutional rights.

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    Alameda Public Defender Motion to Compel an Accurate Record of Proceedings

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    A motion filed Nov. 15, 2016 in an Alameda County Superior Court criminal case asking the court to address administrative errors that have resulted in false arrests, people held in custody beyond their scheduled release and erroneous requirements that some defendants register as sex offenders. The motion by Public Defender Brendon Woods argues that court's relatively new electronic filing system, called Odyssey, is systemically denying dozens of his clients of their constitutional rights.

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    3K vues27 pages

    Alameda Public Defender Motion To Compel An Accurate Record of Proceedings

    Transféré par

    KQED News
    A motion filed Nov. 15, 2016 in an Alameda County Superior Court criminal case asking the court to address administrative errors that have resulted in false arrests, people held in custody beyond their scheduled release and erroneous requirements that some defendants register as sex offenders. The motion by Public Defender Brendon Woods argues that court's relatively new electronic filing system, called Odyssey, is systemically denying dozens of his clients of their constitutional rights.

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    18 19 20 a 23 24 26 7 BRENDON D. WOODS, Public Defender 1401 Lakeside Drive Oakland, California 94612 (610) 272-6600 Charles M. Denton Assistant Public Defender California State Bar No. 107720 Attorney For Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA. «CrtNm» The People of the State Dept.No. «NxtHrgDept» of California, Docket No. «DocketNbr» Plaintiff, v. «DefFullNm», NOTICE OF MOTION TO COMPEL AN ACCURATE Defendant. AND CONTEMPORANEOUS, RECORD OF COURT PROCEEDINGS TO: THE DISTRICT ATTORNEY OF THE COUNTY OF ALAMEDA, AND THE ABOVE-ENTITLED COURT PLEASE TAKE NOTICE that on «NxtHrgDtLongp, in Department «NxtHrgDept> at «NxtHrgTn, the defendant, by and through counsel, will seek an order compelling the court clerk to: © Prepare a complete and accurate record of its proceedings in this case (see Government Code §§ 69844, 69844.5, 69844.7, 69846); © If a contemporaneous written minute order is created in the courtroom, upload a legible copy of that order into the Odyssey system by the close of business; © Ensure that the court's actions during each proceeding are coded and integrated, within 24 hours, into case management software databases used by other criminal justice system partners; and, 1 ‘Defendant's Motion to Compel an Accurate and Contemporaneous Record of Court Proceedings a 22 24 26 27 © Ensure that all court actions having the potential to affect a defendant's custodial status be coded, in the manner described above, before the end of the day on which the action is taken. In the alternative, we ask that the court return to the case management system in *) place before August 1, 2016. This motion is grounded upon four well-settled legal principles: © The statutory duty of the court clerk to “keep the minutes and other records of the court” and to enter them into the record “within the time specified by law or forthwith if no time is specified.” (Government Code §§ 69844, 69846; see also Cal. Rules of Court, Rules 8.320, 8.336, 8.616(2) [record on appeal]; Penal Code §§ 13150-13151.1, 13155 [reporting requirements to Department of Justice]; see generally 2 Witkin, California Procedure (5t* Ed.) Courts §§ 364, 361- 362 [’'the clerk must act in strict conformity with statutes rules and orders of the court”}.) © The correlative duty to record the proceedings of the court in a complete, accurate and contemporaneous manner. (People v. Dunlap (1993) 18 Cal. App.4th 1468, 1479-1480 [court personnel are “ public employees who have a duty to observe the facts and report and record them accurately” ]; People v. Martinez (2000) 22 Cal.4th 106, 137; People's Ditch Co. v. Foothill Irr. Dist. (1932) 123 Cal. App. 257, 261 [The clerk of the court is an assistant whose principal duty it is to make a correct memorial of the court's orders and directions” }; Copley Press, Inc. v. Superior Court (1992) 6 Cal.App.4th 106, 113 [court orders, dispositions and minutes “represent{] documentation which accurately and officially reflects the work of the court”]; U.S. v. Shellenberger (9 Cir. 2008) 548 F.3d 699, 701-702 [minute orders are “prepared by a court official. . . charged by law with recording the proceedings accurately”]; Penal Code § 13100 et. seq.; Cal. Rules of Court, Rule 8.336(c)(5), 8.616(3); Government Code § 69844.5. See generally Am Jur. (2° Ed.), Clerks of Court § 50.) @ The due process constitutional guarantee of a complete and accurate record for “an effective defense or appeal.” (Britt v. North Carolina (1971) 404 US. 226, 227; Griffin v. Ilinois (1956) 351 US. 12, 13, fn. 3; see also Mayer v. City of Chicago (1971) 404 US. 189, 193-194; Draper o. Washington (1963) 372 US. 487, 495; March v, Municipal Court (1972) 7 Cal.3d 422; In re Armstrong (1981) 126 Cal. App.3d 565; People v. Howard (1992) 1 Cal.4th 1132, 1164-1166; People v. Barton (1978) 21 Cal. 3d 513, 517-522; People 0. Serrato (1965) 238 Cal. App.4th 112, 118 [“The essential requisite supporting the right of appeal is that there must be a complete record... “].) 2 Defendants Motion to Compel an Accurate and Contemporaneous Record of Court Proceedings 10 1 12 13, 4 15 20 21 22 24 25 26 27 © The First Amendment right to inspect and publish information found in “court records.” (Copley Press, Inc. v. Superior Court, supra, 6 Cal. App. Ath 106, 111; Estate of Hearst (1977) 67 Cal.App.3d 777, 782; Press-Enterprise Co. 0. Superior Court of California (1984) 464 U.S. 501; Press-Enterprise Co. v. Superior Court (1986) 478 U.S. 1; see generally Cox Broadcasting Corp. v. Cohn (1975) 420 US. 469, 495; Richmond Newspapers, Inc. v. Virginia (1980) 448 US. 555, 576-578; Globe Newspaper Co. v. Superior Court (1982) 457 U.S. 596; see also Government Code § 11116.7 [court’s duty to furnish disposition record to defendant].) @ The Fourth Amendment right to be free of unreasonable and unwarranted arrest. (Whiteley v. Warden (1971) 401 U.S. 560, 568-569; United States v. Hensley (1985) 469 US. 221, 232; People v. Ramirez (1983) 34 Cal.3d 541, 552; People v. Collins (1997) 59 Cal.App.4th 988, 993; Freytes v. Superior Court (1976) 60 Cal. App.3d 958, 962-963; People v. Ferguson (2003) 109 Cal. App.4th 367, 378.) A motion to compel is the appropriate vehicle to redress acts or omissions by the clerk of the court. (Wolf v. Mulcrevy (1917) 35 Cal. App. 80; see also Copley Press, Inc. v. Superior Court, supra, 6 Cal. App.4th at p. 109.) This motion to compel is based upon this notice of motion, the declaration of Brendon D. Woods, the attached Memorandum of Points and Authorities, and any oral or documentary evidence presented at the hearing on this motion. DATED: «Today» Respectfully submitted, BRENDON D. WOODS, PUBLIC DEFENDER Charles M. Denton Assistant Public Defender 3 Defendant's Motion to Compel an Accurate and Contemporaneous Record of Court Proceedings Rene BRENDON D. WOODS Public Defender 1401 Lakeside Drive Oakland, California 94612 (610) 272-6600 Charles M. Denton Assistant Public Defender California State Bar No. 107720 Attorney For Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA «CrtNm» The People of the State Dept.No.

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