HomeMy WebLinkAboutMINUTES - 04051988 - 1.41 a vv`
To: 71OARD OF SUPERVISORS 1_041
FROM: Phil Batchelor Contra
County Administrator
DATE: March 28, 1988 Costa
Q10^
SUBJECT: �
Legislation:' Assembly Bill 2592 (Wyman)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for AB 2592 by Assemblyman Wyman if the bill is
amended to eliminate the defendant' s right to a trial de novo following a
trial by written declaration.
BACKGROUND:
Under current law (Section 40902 of the Vehicle Code) , the _court may by
rule allow a defendant to have a trial by writtendeclaration in regard to
. any. alleged infraction involving ' a violation of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle :Code. AB 2592 would make
this option a requirement on the court and thereby allow any defendant the
option to have a trial by written ' declaration in regard to any alleged:
infraction involving a violation of the Vehicle Code or any local ordinance`
adopted pursuant to. the Vehicle Code. This provision applies where the
defendant resides more than 100 miles from the court where the citation was
issued. This requirement would also apply to a defendant who has received
a notice of delinquent parking violation who resides more than 100 miles
from the court where the parking citation was issued.
AB 2592, would also authorize, but not require, the court to allow a
defendant to have a trial by written declaration for any alleged infraction
or parking violation if the defendant resides less than 100 miles from the
court'where the cituation was issued.
AB 2592 goes substantially beyond existing law in requiring the court to
allow the defendant to file a written declaration in lieu of appearing in
person. While it is certainly appropriate to have a trial by written
declaration when the defendant lives a long way from the court, our
Municipal Court Administrator is concerned because a defendant who is
dissatisfied with the outcome of a trial by written declaration can
immediately turn around and request a whole new trial on the same issues.
If it is the Legislature ' s intent to expand the use of trials by written
declaration, we believe strongly that the Legislature should restrict a
defendant' s ability to a trial de novo and allow only appeals to the
Superior Court rather than an automatic re-trial in the municipal court. A
trial by written declaration also encourages defendants to plead
CONTINUED ON ATTACHMENT; _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATUREISI:
ACTION OF BOARD ON A r� i1 5, 1988 APPROVED AS .RECOMMENDED � OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND- CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED APR 5 1988
Sheriff-Coroner
Assemblyman Phil Wyman PHIL BATCHELOR, CLERK OF THE BOARD OF
Ralph Heim, Jackson/Barl sh SUPERVISORS AND COUNTY ADMINISTRATOR
BY C/ ,DEPUTY
M382/7-83 —
1 �
Page 2
not guilty and request a trial because of the relative ease of the process
and the .f act that the defendant does not need to be present. The use of a
written declaration increases judiciary time to read the declaration and
increases clerical time to process all of the paper, including the need to .
solicit declarations from the police departments or other citing agencies.
It is, therefore, recommended that the Board support AB 2592, but only if
the author, is willing to amend the bill to remove the possibility of a
trial de novo in municipal court where . a trial by declaration has always
been held.