Statewide California bail schedules by county/judicial district

Greetings,

Your e-mail has reached the Public Access to Judicial Administrative Records Project at the Judicial Council of California. California Rules of Court, rule 10.500 provides that in ten days we provide you with a response as to whether we have the information requested.

This e-mail verifies that your request has been received and that we will respond promptly. For more information about the Public Access to Judicial Administrative Records Project and a link to the applicable rule of court, please visit our website at http://www.courts.ca.gov/publicrecords.htm.

Thank you for your interest in the judicial branch.

Public Access to Judicial Administrative Records
Court Operations Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PAJAR@jud.ca.gov<mailto:PAJAR@jud.ca.gov> | www.courts.ca.gov<http://www.courts.ca.gov>

The Judicial Council of California (the council) received your request (below). Please update your records to reflect that the judicial branch is not subject to the California Public Records Act. (California Government Code, sections 6252(f) and 6253.) Instead, California Rules of Court, rule 10.500, “public access to judicial administrative records,” applies. Rule 10.500 is based on the CPRA. For information about the rule of court and the process for requesting records, please visit http://www.courts.ca.gov/publicrecords.htm.

In accordance with the applicable rule of court, the council is reviewing its records to determine whether it has records that are responsive to your request and that may be disclosed. The council requires an additional 14 days beyond the initial 10 day response time to provide you with a notice of determination (see rule 10.500(e)(8)). We will be able to provide you a determination or possibly responsive records on or by November 24, 2015.

Public Access to Judicial Administrative Records
Court Operations Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PAJAR@jud.ca.gov<mailto:PAJAR@jud.ca.gov> | www.courts.ca.gov<http://www.courts.ca.gov>

Beryl:

I am writing in response to your request for records. I would like to discuss your request to better respond to your concerns. Please contact me or respond with a telephone # to help determine the scope of your request. The specifics of the request suggest that there may be a misunderstanding of procedures in California for creation of local bail schedules. The Judicial Council does not create a statewide schedule of bail for release from custody in misdemeanor and felony cases. The Superior Court in each county adopts local county schedules. Most courts post the local bail schedules on the court website. Links for court websites are posted online at: http://www.courts.ca.gov/find-my-court.htm

Also, there is no time period indicated for the records you are requesting. In order to determine the cost that must be paid in advance for copying records it is necessary to know what years you are interested in having copied. A brief review of our files shows that there are approximately 2 full boxes of paper files for the county bail schedules that we have back to 2010. The statewide Judicial Council schedules since 2005 for traffic and recommended bail to post and forfeit for criminal cases are available online at: http://www.courts.ca.gov/7532.htm.

I look forward to your reply.

Courtney

Courtney Tucker, Attorney
Criminal Justice Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
415-865-7611 | Courtney.Tucker@jud.ca.gov<mailto:courtney.tucker@jud.ca.gov>|www.courts.ca.gov

This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message.
_____________________________________________________________________

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

All available felony, non-traffic, traffic, and otherwise-categorized bail schedules for each county/court district in which policies differ from a statewide standard. Please include all applicable statewide uniform bail and penalty schedules and any schedules for traffic-related offenses in which the schedules are jurisdiction-specific. Please include all directives issued to county courts and districts regarding bail schedules, including all relevant reporting procedures.

This request is being made as part of an information-gathering effort conducted for journalistic purposes. The requested documents will be made available to the general public. This request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. Please feel free to contact me should any confusion regarding this request exist. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock
DEPT MR 22174
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

Dear Mr. Lipton,

This email responds to your request for records. As a preliminary matter, please note that the California Public Records Act does not apply to California judicial branch entities. (See California Government Code, § 6252(f).) Your request has been reviewed under California Rules of Court, rule 10.500 (public access to judicial administrative records).

1. All available felony, non-traffic, traffic, and otherwise-categorized bail schedules for each county/court district in which policies differ from a statewide standard.
The request appears to assume that California has statewide standards for felony, non-traffic, and otherwise-categorized bail schedules. The State of California does not have statewide standards for felony or misdemeanor bail schedules used for the purpose of releasing defendants from custody in criminal cases. The superior court in each county has authority to adopt felony and misdemeanor bail schedules for the county. Copies of local county bail schedules are available on local court websites. Links to the court websites are posted online at: www.courts.ca.gov/find-my-court.htm<http://www.courts.ca.gov/find-my-court.htm>.

2. All applicable statewide uniform bail and penalty schedules and any schedules for traffic-related offenses in which the schedules are jurisdiction-specific.
As a preliminary matter, please note that the Judicial Council is required by statute to adopt an annual bail schedule that is used: (1) to determine standard fines, penalties, and fees for traffic offenses in cases where defendants may post and forfeit the bail and (2) to provide guidance for sentencing in contested cases. The council’s schedules from 2005 through 2015 are posted online at: www.courts.ca.gov/7532.htm<http://www.courts.ca.gov/7532.htm>.

3. All directives issued to county courts and districts regarding bail schedules, including all relevant reporting procedures.
Records responsive to this request are subject to attorney-client privilege and therefore exempt from disclosure. (See California Rules of Court, rule 10.500(f)(5).)

Thank you.

Public Access to Judicial Administrative Records
Court Operations Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PAJAR@jud.ca.gov<mailto:PAJAR@jud.ca.gov> | www.courts.ca.gov<http://www.courts.ca.gov>

Greetings,

Your e-mail has reached the Public Access to Judicial Administrative Records Project at the Judicial Council of California. California Rules of Court, rule 10.500 provides that in ten days we provide you with a response as to whether we have the information requested.

This e-mail verifies that your request has been received and that we will respond promptly. For more information about the Public Access to Judicial Administrative Records Project and a link to the applicable rule of court, please visit our website at http://www.courts.ca.gov/publicrecords.htm.

Thank you for your interest in the judicial branch.

Public Access to Judicial Administrative Records
Court Operations Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PAJAR@jud.ca.gov<mailto:PAJAR@jud.ca.gov> | www.courts.ca.gov<http://www.courts.ca.gov>