The Nitty-Gritty on Practicing Law in Yolo County

By Chad Carlock and Jessie Morris, Jr.z

Welcome to Yolo County, your neighbor to the west. Years ago, justice courts spread themselves throughout its rural and small-town communities. Now all courts are consolidated in Woodland, a 20-minute drive from downtown Sacramento on Interstate 5. A map and directions to find our Courts are available on the Court's website at http://www.yolocourts.com/directions.html. For those making court appearances in Yolo County, here are some tips on the local court culture.

CIVIL PRACTICE

Civil Filing: The Clerk's office was recently remodeled, but you or your courier can expect to wait in line to file civil documents. The office also has a "runner's drop box" for documents. Those documents are file-stamped the date they are submitted. If submitting an order for the Court's signature, submit documents prior to lunch so that the Court may review and sign them in the afternoon. Note that the Clerk's office is open from 8am to 3pm. Documents submitted after 3 p.m. are dropped in the "drop box." In an emergency after 3pm, you can always knock on the door and hope for a response. For endorsed copies, submit a selfaddressed, postage-paid envelope. If you need documents back immediately, arrive timely and stand in line.

Civil Law and Motion: Law and Motion matters are ordinarily held on Tuesdays or Thursdays at 8:30am in Department 11. Department 11 is located across from the main courthouse at 812 Court Street. Family law and probate matters are also heard in Department 11 these days.

Yolo County has a tentative ruling system. Tentative rulings can be obtained at 2pm the day before a scheduled hearing by calling (530) 406-6806 or online at http://www.yolocourts.com/hearings.html.

Take heed: Yolo County enforces California Rule of Court 341 and imposes sanctions on discovery motions when no opposition is filed. Generally, civil matters do not get a court reporter unless a party requests it. The request must be submitted at least 3 court days in advance.

Unlawful Detainers: UD trials are held Wednesdays in Department 10. Department 10 also handles small claims, small claims appeals and traffic court. Commissioner Beronio presides at Department 10 located at 601 Court Street, Woodland.

Case Management and ADR: Yolo County is revising its local rules and case management practices to implement a pilot program. The aim is to utilize ADR procedures and direct calendaring of trial dates to facilitate the Court's handling of civil matters. An initial Case Management Conference (CMC) is automatically set 120 days after a civil matter is filed. CMC Statements are required.

Family Law: Judge Petrie in Department 4 or Judge Warriner in Department 11 hear family law matters. Yolo County has an award winning "Unified Family Court" program. All cases involving one family are consolidated in front of a single judge. The consolidation includes family law cases, juvenile criminal matters, Child Protective Services matters and, occasionally, adult criminal matters. The goal is to avoid inconsistent orders or multiple appearances by family members in different courts.

Probate Matters: Probate matters are heard in Department 11 on Tuesdays and Thursdays. Yolo County uses a system of "Probate Notes" available on the Court's website at http://www.yolocourts.com/probate_notes.html or by recorded message at (530) 406-6806. Probate Notes alert the public to defects in the case which would delay the Court's resolution of issues before it. Counsel may contact probate examiners at (530) 406-6802 between 3-4 pm to request a continuance to cure defects.

Other Items of Note to Civil Practitioners: If you are set to appear in two different Departments simultaneously, alert the clerk or bailiff. Judges are accommodating if they know your dilemma. Telephonic appearances by counsel are generally disfavored unless extenuating circumstances exist.

CRIMINAL DEFENSE PRACTICE

Arraignments: The local practice is to enter a 'not guilty' plea, with a time waiver, if appropriate. This is in lieu of continuing the arraignment or reserving the plea until later. Wait for the bailiff to provide your client with a copy of the minute order. After arraignment, walk across the street to the District Attorney's Office at 301 2nd Street and get discovery.

Felony arraignments rotate among the criminal departments and are held at 1:30pm. Most misdemeanors remain in Department 8. Ask the security officers as you enter the courthouse and they will direct you to that day's arraignment department.

Pre-hearing Conferences & Preliminary Hearings: On the day of a preliminary hearing, you will spend an entire day at the courthouse. The Court schedules pre-hearing conferences at 8:30am. If the case does not settle, the preliminary hearing takes place at 1:30 pm the same day. A 'no contest' plea is more customary than a guilty plea. Plea forms are available in each department.

Arraignments on odd-number calendar days go to the oddnumber preliminary hearing department. Similarly, arraignments on an even-number calendar day go to the even-number preliminary hearing department. Motions and sentencings are on the 10:30am calendars. Mondays are reserved for long cause preliminary hearings and related sentencings.

Arraignment on the Information: You will receive three dates: a last day to file motions, a TRC or trial readiness conference date, and a jury trial date. In Sacramento a specific trial date with a time waiver is construed as giving a 10-day trail period past the trial date. California Penal Code section 1382(a)(2)(B). In Yolo County, the Court treats that same language as a general time waiver under California Penal Code section 1382(a)(2)(A). In other words, take extra care to articulate a limited time waiver by saying it is not a general time waiver under 1382, if that is what you intend.

Trial Readiness Conference: Trial readiness conferences serve as pretrial conferences. Cases not settling are confirmed to a trial department. If a case settles, it goes back to the preliminary hearing department for sentencing, unless no Arbuckle waiver (the judge taking the plea does the sentencing unless that right is waived) is given. These conferences are on Mondays in Department 3.

Trial Courts: The trial week is Tuesday through Friday for felony trials. Jury panels are available each Tuesday for three trial departments. One department is usually assigned civil matters. Misdemeanor trials start Thursdays. Trials that may last longer than two days are scheduled with the felony trials. For in-custody clients, take trial clothing to the prisoner holding tank east of the courthouse.

Specialty Courts: Unlike Sacramento, Yolo County does not separate domestic violence cases, California Penal Code 1000 diversions, and Proposition 36 drug cases. However, Yolo County does separate them after conviction for follow-up court appearances and probation monitoring. In Sacramento, postsentencing review appearances do not necessarily involve counsel. Filing proof of a program's completion before a court appearance is often sufficient to waive the client's appearance. Alternatively, in Yolo County, attorneys and clients are expected to show up.

Sentencing: Clients presumptively qualify for Yolo Sheriff's work program if the jail sentence is 90 days or less, unless the court orders differently. An inter-county agreement exists between Sacramento and Yolo - separate processing fees are required. Moreover, Sacramento has a shorter sentence limitation that may disqualify the work program but not necessarily the electronic home monitoring. Administrative processing takes time, so get your client to the Sheriff's Department to start the paperwork immediately after sentencing.

Also, be forewarned about time credit waivers. Sacramento negotiates jail custody waivers on a per case basis; in Yolo ALL probation orders have a jail custody credit waiver for court ordered residential drug programs and many residential programs are six to eight months in duration. No mention is typically made of this during any proceeding leading to sentencing and it is a surprise to many.

And one last thought: do not confuse Sacramento's Office of Revenue Reimbursements and its procedures with Yolo County's procedures. They differ. Sacramento County collects state fines and county fees in the same office. In Yolo County, state collections are payable through the Payment Center on the Court's second floor. County fees are payable in the Office of Revenue Reimbursements at First and Court Streets.

Probation Violations: Sacramento assumes a withdrawal of counsel after sentencing. Yolo County does not. Unless you ask to be relieved as counsel at the end of the sentencing hearing or file a formal withdrawal afterwards, you remain attorney of record.

Miscellaneous Stuff: The bailiff will give your client a clerk's minute order at the end of each court appearance, so do not dash away with your client. The clerk's office hours are 8am to 3pm, but they are available by phone until 5pm. Also, they will answer the door in an emergency. If you're running late or stuck in a long proceeding, call the department and let them know.

Chad Carlock, a 1996 graduate of UC Davis School of Law, is a sole practitioner in Davis, California. He practices primarily in the areas of administrative law and civil litigation. Carlock is a Past President of the Yolo County Bar Association and currently serves as its Secretary.

Jessie Morris, Jr., a 1978 McGeorge graduate, is the Chief Deputy Public Defender in Yolo County, a past-chair of Sacramento's Indigent Defense Panel, and a Board Member of the California Attorneys for Criminal Justice.

March / April 2006