Source: https://www.merced.courts.ca.gov/system/files/general/standing-order-07072026.pdf

Sparse pages use OCR; original PDF remains authoritative.

MERCED COUNTY SUPERIOR COURT

ACTIVE STANDING ORDERS

2006 to Present

TABLE OF CONTENTS (by Number)

Description Page

2006-07 Transfer of $20 or Less to Trial Court Operations Fund .......................................................04 2007-08 One-time Extension on a Proof of Completion (Replaced Policy Order 94-1) .....................05 2008-01 Children in the Courthouse ....................................................................................................07 2010-01 Appointment of Counsel in Juvenile Dependency Court ......................................................09 2011-02 Deborah Bennett Will Represent Minors in All 300 JD Matters ...........................................10 2011-04 Access to Juvenile Court Records Consult: CRC § 5.552 & WIC § 827 ..............................11 2011-05 Courtroom Clerk Authority to Write "formal probation modified to summary probation" ..12 2014-03 Ex Parte Communications......................................................................................................13 2015-02 Procedure for Traffic Clerk on Speed OT 101-109 ...............................................................14 2016-04 Media Requests—CA Rules of Court, Rule 1.150 ................................................................16 2017-02 Interpreter Cancellation .........................................................................................................18 2018-03 Procedure for Board Parole Hearings Investigation; Request for Input ................................19 2018-04 Procedures for Handling Confidential Records .....................................................................20 2018-05 Release of Information to HSA, CWS by Family Law .........................................................21 2018-08 WIC § 827 Procedures-Authorized Parties ............................................................................23 2019-03 Protocol for WIC § 602/300 Hearings ...................................................................................24 2020-01 Merced County Sheriff Designated as the Court Security Officer ........................................25 2020-02 Limitations on Media Coverage .............................................................................................28 2020-07 Jail Pass Requests ..................................................................................................................31 2020-08 Procedure for Requests for Extensions of Time for Transcripts ............................................32 2021-03 Authorized Rates for Court-Ordered Services .......................................................................34 2022-02 Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted ..................................................................................................................................36 2022-05 Authorization to Grant Juror Deferrals ..................................................................................37 2022-06 Procedures for Traffic Matters ...............................................................................................38 2022-07 Authorized Rate for Community Service Hours ....................................................................44 2022-08 Juvenile Competency Protocol WIC § 709 ............................................................................45 2023-01 Request for Destruction, Disposition, or return of Seized Property ......................................61 2024-01 Discontinuing the Imposition of Civil Assessments Upon Failure to Appear or Failure to Pay ....................................................................................................63 2024-02 Setting Aside Certain Outstanding Civil Assessment Debts Imposed For Failure To Appear or Failure To Pay .....................................................................................64 2025-01 Electronic Service of Documents by the Court ......................................................................65 2026-01 Court Appointed Special Advocates Program ......................................................................66 2026-02 Rules Governing Custody And Visitation Issues...................................................................70

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TABLE OF CONTENTS (by Description)

Description Page

2011-04 Access to Juvenile Court Records Consult: CRC § 5.552 & WIC § 827 ..............................11 2010-01 Appointment of Counsel in Juvenile Dependency Court ......................................................09 2022-05 Authorization to Grant Juror Deferrals .................................................................................37 2022-07 Authorized Rate for Community Service Hours ....................................................................44 2021-03 Authorized Rates for Court-Ordered Services .......................................................................34 2008-01 Children in the Courthouse ....................................................................................................07 2026-01 Court Appointed Special Advocates Program .......................................................................66 2011-05 Courtroom Clerk Authority to Write "formal probation modified to summary probation" ..12 2011-02 Deborah Bennett Will Represent Minors in All 300 JD Matters ...........................................10 2024-01 Discontinuing the Imposition of Civil Assessments Upon Failure to Appear or Failure to Pay ....................................................................................................63 2025-01 Electronic Service of Documents by the Court .................................................................... 65 2014-03 Ex Parte Communications......................................................................................................13 2017-02 Interpreter Cancellation .........................................................................................................18 2020-07 Jail Pass Requests ..................................................................................................................31 2022-08 Juvenile Competency Protocol: WIC § 709...........................................................................45 2020-02 Limitations on Media Coverage .............................................................................................28 2016-04 Media Requests—CA Rules of Court, Rule 1.150 ................................................................16 2020-01 Merced County Sheriff Designated as the Court Security Officer ........................................25 2007-08 One-time Extension on a Proof of Completion (Replaced Policy Order 94-1) .....................05 2018-03 Procedure for Board Parole Hearings Investigation; Request for Input ................................19 2018-04 Procedures for Handling Confidential Records .....................................................................20 2020-08 Procedure for Requests for Extensions of Time for Transcripts ............................................31 2015-02 Procedure for Traffic Clerk on Speed OT 101-109 ...............................................................14 2022-06 Procedures for Traffic Matters ...............................................................................................38 2019-03 Protocol for WIC 602/300 Hearings ......................................................................................24 2018-05 Release of Information to HAS, CWS by Family Law .........................................................21 2023-01 Request for Destruction, Disposition, or return of Seized Property ......................................61 2026-02 Rules Governing Custody And Visitation Issues...................................................................70 2024-02 Setting Aside Certain Outstanding Civil Assessment Debts Imposed For Failure To Appear Or Failure To Pay ............................................................................64 2006-07 Transfer of $20 or Less to Trial Court Operations Fund .......................................................04 2022-02 Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted ..................................................................................................................................36 2018-08 WIC § 827 Procedures-Authorized Parties ............................................................................23

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JOHN D. KIRIHARA, Presiding Judge SUPERIOR COURT OF CALIFORNIA = franc bousnenty susge ne uae COUNTY OF MERCED HUGH Mt FLANAGAN, Judge . RONALD W. HANSEN, Judge THOMAS S. BURR, Commissioner SUPERIOR COURTS BUILDING CA aa Ree ne 627 WwW 21 ST STREET HARRY L. JACOBS, Commissioner MERCED. CALIFORNIA 95 340 KATHLEEN GOETSCH, Court Executive Officer 2 MERCED SUPERIOR COURT (209) 725-4100 (209) 725-4102 (Fax - Court Administration) July 26, 2007 STANDING ORDER 2006-0007 Effective July 26, 2007 Per Government Code Section 68084.1(g) I, as the Presiding Judge, direct the transfer to any individual deposit of twenty dollars ($20.00) or less, or any amount if the name of the original depositor is unknown, that remains unclaimed for one year to the Trial Court Operations Fund without the need for publication of notice. JOHN D. KIRIHARA PRESIDING JUDGE OF THE SUPE R COURT Ce: All Judicial Officers, Dougherty, Flanagan, Hansen, McCabe, Kirihara, Ash, Burr, Corman, Jacobs, Cook Kathleen Goetsch Donnelle Long Stephanie Mitchell Dennis Behrens Dolores Curiel Jeanne Johnson 4 of 70

JOHN D. KIRIHARA, Presiding Judge SUPERIOR COURT OF CALIFORNIA FRANK DOUGHERTY. tudes nots” CAROL ASH, Jud COUNTY OF MERCED HUGH MM. FLANAGAN, Judge RONALD W. HANSEN, Judge THOMAS S. BURR, Commissioner SUPERIOR COURTS BUILDING GERALDW. CORMAN, Conorecioner 627 WwW 2 1 ST STREET HARRY L. JACOBS, Commissioner MERCED. CALIFORNIA 95340 KATHLEEN GOETSCH, Court Executive Officer ? MERCED SUPERIOR COURT (209) 725-4100 (209) 725-4102 (Fax - Court Administration) September 17, 2007 STANDING ORDER 2007-0008 Effective September 21, 2007 This Standing Order 2007-0008 is a revision of Policy Order 94-1 and shall replace said Policy Order. The Judges of the Superior Court hereby permit the Superior Court Clerks the authority to grant a one-time extension on a proof of completion, a proof of enrollment and early reporting date as follows:

1. Proof of completion of Community Service 30 days
2. Proof of enrollment (ACCS) 60 days
3. Proof of enrollment (Level 1 or SB38) 21 days
4. Proof of enrollment (General) 20 days
5. Modification of Jail Reporting Date (Early Reporting Date Only) Whenever the Clerk grants an extension as indicated above, a Minute Order shal] be prepared requiring the defendant’s signature. In the space provided for the Judges’ signature, the clerk shall write the words “Per Standing Order 2007-0008,” followed by the Clerk’s name. /
   PRESIDING JUDGE OF THE SUPERIOR COURT Ce: All Judicial Officers, Dougherty, Flanagan, Hansen, McCabe, Kirihara, Ash, Burr, Corman, Jacobs, Cook Kathleen Goetsch (Continued on Page 2) 5 of 70

(Page 2 of 2; Standing Order 2007-0008) Donnelle Long Pat Pare Stephanie Mitchell Dolores Curiel Charlene Carroll Sosima Amis Marion Harmon Marty Shugart Annette Rodriguez Jeanne Johnson Barb Hefner Linda Slate 6 of 70

JOHN D. KIRIHARA, Presiding Judge SUPERIOR COURT OF CALIFORNIA = frankbouguertyduage 2 5 1 2 1 1 8 1482 163 36 48 30.281960 49° 2 1 3 0 0 0 565 206 993 187 -1 3 1 3 1 0 0 565 206 993 183 -1 4 1 3 1 1 0 592 206 819 36 -1 5 1 3 1 1 1 592 213 165 28 96.332726 COUNTY 5 1 3 1 1 2 770 214 51 27 95.202187 OF 5 1 3 1 1 3 832 214 171 28 95.202187 MERCED 5 1 3 1 1 4 1185 206 47 32 94.687439 HUGH 5 1 3 1 1 5 1239 207 17 31 15.890341 Mr 5 1 3 1 1 6 1260 207 151 35 50.185619 FLANAGAN, 5 1 3 1 1 7 1365 202 48 47 74.605705 Judge 4 1 3 1 2 0 1186 245 226 16 -1 5 1 3 1 2 1 1186 245 67 13 68.718529 RONALD 5 1 3 1 2 2 1260 245 18 13 90.193710 W. 5 1 3 1 2 3 1286 245 72 15 95.994591 HANSEN, 5 1 3 1 2 4 1365 245 47 16 76.275536 Judge 4 1 3 1 3 0 1185 260 269 30 -1 5 1 3 1 3 1 1185 264 69 13 93.126122 THOMAS 5 1 3 1 3 2 1261 264 13 13 54.842266 S, 5 1 3 1 3 3 1282 264 50 15 95.440147 BURR, 5 1 3 1 3 4 1339 260 115 30 96.156975 Commissioner 4 1 3 1 4 0 565 283 919 34 -1 5 1 3 1 4 1 565 287 157 24 96.228790 SUPERIOR 5 1 3 1 4 2 733 288 127 24 96.118401 COURTS 5 1 3 1 4 3 872 288 160 24 96.370483 BUILDING 5 1 3 1 4 4 1185 283 68 32 35.910545 GERALD 5 1 3 1 4 5 1257 279 20 46 35.910545 W. 5 1 3 1 4 6 1288 279 74 46 30.594421 CORMAN, 5 1 3 1 4 7 1362 283 122 34 53.846088 Commissioner 4 1 3 1 5 0 679 321 782 29 -1 5 1 3 1 5 1 679 326 64 23 95.098618 2260 5 1 3 1 5 2 752 326 30 23 92.544411 N. 5 1 3 1 5 3 796 326 120 24 96.123650 STREET 5 1 3 1 5 4 1186 321 56 13 93.291328 HARRY 5 1 3 1 5 5 1249 322 12 12 89.266510 L. 5 1 3 1 5 6 1268 321 72 16 96.585060 JACOBS, 5 1 3 1 5 7 1346 322 115 13 96.585060 Commissioner 4 1 3 1 6 0 573 355 985 38 -1 5 1 3 1 6 1 573 363 137 24 96.600227 MERCED 5 1 3 1 6 2 729 355 200 38 96.641968 CALIFORNIA 5 1 3 1 6 3 940 365 81 24 96.425392 95340 5 1 3 1 6 4 1186 359 87 14 93.282600 KATHLEEN 5 1 3 1 6 5 1280 360 85 15 89.763657 GOETSCH, 5 1 3 1 6 6 1372 360 43 13 96.361748 Court 5 1 3 1 6 7 1421 360 76 14 96.361748 Executive 5 1 3 1 6 8 1503 362 55 13 96.023163 Officer 2 1 4 0 0 0 116 123 280 288 -1 3 1 4 1 0 0 116 123 280 288 -1 4 1 4 1 1 0 116 123 280 288 -1 5 1 4 1 1 1 116 123 280 288 95.000000 2 1 5 0 0 0 1186 398 352 59 -1 3 1 5 1 0 0 1186 398 352 59 -1 4 1 5 1 1 0 1186 398 225 13 -1 5 1 5 1 1 1 1186 398 68 13 96.782082 MERCED 5 1 5 1 1 2 1261 398 86 13 95.866074 SUPERIOR 5 1 5 1 1 3 1353 398 58 13 96.497231 COURT 4 1 5 1 2 0 1211 418 113 17 -1 5 1 5 1 2 1 1211 418 38 17 95.351936 (209) 5 1 5 1 2 2 1255 419 69 13 95.065262 725-4100 4 1 5 1 3 0 1212 438 326 19 -1 5 1 5 1 3 1 1212 438 37 17 96.902969 (209) 5 1 5 1 3 2 1255 439 69 13 95.591507 725-4102 5 1 5 1 3 3 1331 439 30 16 92.097900 (Fax 5 1 5 1 3 4 1367 445 9 2 74.452347 — 5 1 5 1 3 5 1382 439 39 13 96.703140 Court 5 1 5 1 3 6 1427 439 111 18 94.986420 Administration) 2 1 6 0 0 0 464 518 718 35 -1 3 1 6 1 0 0 464 518 718 35 -1 4 1 6 1 1 0 464 518 718 35 -1 5 1 6 1 1 1 464 518 231 33 93.279785 STANDING 5 1 6 1 1 2 709 520 473 33 91.640709 ORDER-AMENDMENT 2 1 7 0 0 0 517 568 610 61 -1 3 1 7 1 0 0 517 568 610 61 -1 4 1 7 1 1 0 765 568 114 21 -1 5 1 7 1 1 1 765 568 114 21 96.644005 2008-01 4 1 7 1 2 0 517 599 610 30 -1 5 1 7 1 2 1 517 599 181 27 96.288933 (Amendment 5 1 7 1 2 2 706 601 27 21 96.082298 to 5 1 7 1 2 3 743 601 123 27 96.379494 Standing 5 1 7 1 2 4 877 601 79 22 96.742332 Order 5 1 7 1 2 5 966 602 161 27 96.604706 2007-0011) 2 1 8 0 0 0 610 674 428 86 -1 3 1 8 1 0 0 610 674 428 86 -1 4 1 8 1 1 0 610 674 428 40 -1 5 1 8 1 1 1 610 674 166 31 95.789597 Effective 5 1 8 1 1 2 790 675 248 39 95.968155 Immediately 4 1 8 1 2 0 665 722 313 38 -1 5 1 8 1 2 1 665 722 155 38 96.376541 January 5 1 8 1 2 2 835 723 32 36 96.509590 2, 5 1 8 1 2 3 883 723 95 30 96.202347 2008 2 1 9 0 0 0 245 804 1153 69 -1 3 1 9 1 0 0 245 804 1153 69 -1 4 1 9 1 1 0 245 804 1153 34 -1 5 1 9 1 1 1 245 804 55 23 96.888100 The 5 1 9 1 1 2 311 804 165 24 96.534210 Courthouse 5 1 9 1 1 3 486 804 20 24 96.778473 is 5 1 9 1 1 4 517 812 14 16 96.909584 a 5 1 9 1 1 5 542 805 102 23 96.828560 neutral 5 1 9 1 1 6 654 805 71 30 96.643394 place 5 1 9 1 1 7 735 808 25 21 96.982697 to 5 1 9 1 1 8 772 806 98 23 96.893219 resolve 5 1 9 1 1 9 880 806 115 30 96.958046 disputes 5 1 9 1 1 10 1007 807 50 23 96.348068 and 5 1 9 1 1 11 1068 809 26 21 96.369804 to 5 1 9 1 1 12 1105 808 59 23 96.990105 seek 5 1 9 1 1 13 1172 808 99 30 95.951683 justice. 5 1 9 1 1 14 1290 809 23 23 96.473442 It 5 1 9 1 1 15 1323 809 19 23 96.473442 is 5 1 9 1 1 16 1354 811 44 21 96.822945 not 4 1 9 1 2 0 502 843 641 30 -1 5 1 9 1 2 1 502 843 127 30 96.436188 normally 5 1 9 1 2 2 639 850 33 16 96.732376 an 5 1 9 1 2 3 683 844 180 23 96.328957 environment 5 1 9 1 2 4 873 844 42 24 96.130745 for 5 1 9 1 2 5 924 845 85 23 96.644630 minor 5 1 9 1 2 6 1020 845 123 24 96.661110 children. 2 1 10 0 0 0 276 918 1109 69 -1 3 1 10 1 0 0 276 918 1109 69 -1 4 1 10 1 1 0 276 918 1109 34 -1 5 1 10 1 1 1 276 918 18 23 66.787094 1, 5 1 10 1 1 2 373 918 82 23 96.656990 Minor 5 1 10 1 1 3 465 918 108 24 96.939102 children 5 1 10 1 1 4 582 918 56 24 97.017822 who 5 1 10 1 1 5 648 922 66 20 97.005829 enter 5 1 10 1 1 6 723 926 47 23 97.005829 any 5 1 10 1 1 7 780 919 113 31 97.010170 Superior 5 1 10 1 1 8 904 920 74 24 96.895424 Court 5 1 10 1 1 9 987 920 101 31 96.377457 Facility 5 1 10 1 1 10 1097 924 64 21 96.292953 must 5 1 10 1 1 11 1170 921 30 24 96.491623 be 5 1 10 1 1 12 1211 922 174 30 96.476059 accompanied 4 1 10 1 2 0 373 956 464 31 -1 5 1 10 1 2 1 373 956 31 30 96.817284 by 5 1 10 1 2 2 414 963 31 16 96.900085 an 5 1 10 1 2 3 455 956 66 24 96.713486 adult 5 1 10 1 2 4 530 956 46 24 96.821594 and 5 1 10 1 2 5 586 956 93 30 96.392838 closely 5 1 10 1 2 6 689 957 148 30 96.827278 supervised. 2 1 11 0 0 0 272 1032 1123 32 -1 3 1 11 1 0 0 272 1032 1123 32 -1 4 1 11 1 1 0 272 1032 1123 32 -1 5 1 11 1 1 1 272 1032 22 23 91.540291 2. 5 1 11 1 1 2 373 1033 92 23 96.330757 Access 5 1 11 1 1 3 475 1035 25 21 96.012512 to 5 1 11 1 1 4 511 1040 46 22 96.012512 any 5 1 11 1 1 5 568 1

4 96.821594 and 5 1 10 1 2 5 586 956 93 30 96.392838 closely 5 1 10 1 2 6 689 957 148 30 96.827278 supervised. 2 1 11 0 0 0 272 1032 1123 32 -1 3 1 11 1 0 0 272 1032 1123 32 -1 4 1 11 1 1 0 272 1032 1123 32 -1 5 1 11 1 1 1 272 1032 22 23 91.540291 2. 5 1 11 1 1 2 373 1033 92 23 96.330757 Access 5 1 11 1 1 3 475 1035 25 21 96.012512 to 5 1 11 1 1 4 511 1040 46 22 96.012512 any 5 1 11 1 1 5 568 1032 113 31 96.741684 Superior 5 1 11 1 1 6 690 1033 75 24 96.847183 Court 5 1 11 1 1 7 774 1033 102 31 96.446762 Facility 5 1 11 1 1 8 885 1033 33 31 96.981789 by 5 1 11 1 1 9 927 1034 79 23 96.949440 minor 5 1 11 1 1 10 1015 1034 108 24 96.949440 children 5 1 11 1 1 11 1133 1035 87 24 96.742165 should 5 1 11 1 1 12 1229 1035 30 24 96.553688 be 5 1 11 1 1 13 1269 1035 94 24 96.484688 limited 5 1 11 1 1 14 1371 1039 24 21 96.944786 to 2 1 12 0 0 0 373 1070 1025 62 -1 3 1 12 1 0 0 373 1070 1025 62 -1 4 1 12 1 1 0 373 1070 1025 34 -1 5 1 12 1 1 1 373 1070 125 30 96.999268 obtaining 5 1 12 1 1 2 508 1070 46 24 96.834869 and 5 1 12 1 1 3 564 1070 71 31 96.902298 filing 5 1 12 1 1 4 645 1071 150 29 96.700920 documents, 5 1 12 1 1 5 806 1071 82 24 95.999039 unless 5 1 12 1 1 6 899 1079 13 16 95.999039 a 5 1 12 1 1 7 921 1072 79 24 96.832649 minor 5 1 12 1 1 8 1010 1072 65 24 96.811623 child 5 1 12 1 1 9 1085 1072 20 24 96.891785 is 5 1 12 1 1 10 1116 1073 129 31 96.561760 appearing 5 1 12 1 1 11 1254 1073 25 24 96.649261 in 5 1 12 1 1 12 1289 1074 74 23 96.792023 Court 5 1 12 1 1 13 1373 1082 25 16 96.792023 as 4 1 12 1 2 0 374 1108 167 24 -1 5 1 12 1 2 1 374 1108 70 24 96.726768 listed 5 1 12 1 2 2 454 1108 87 24 96.510590 below. 2 1 13 0 0 0 323 1187 946 112 -1 3 1 13 1 0 0 323 1187 946 112 -1 4 1 13 1 1 0 323 1187 690 32 -1 5 1 13 1 1 1 323 1195 11 12 89.459747 e 5 1 13 1 1 2 373 1188 21 23 51.160183 A 5 1 13 1 1 3 405 1187 80 24 51.160183 minor 5 1 13 1 1 4 494 1187 66 24 96.946449 child 5 1 13 1 1 5 569 1188 20 23 96.946449 is 5 1 13 1 1 6 601 1188 154 30 96.454453 subpoenaed 5 1 13 1 1 7 764 1192 25 20 96.454453 to 5 1 13 1 1 8 800 1196 88 23 96.882675 appear 5 1 13 1 1 9 898 1189 25 23 96.982231 in 5 1 13 1 1 10 933 1189 80 24 96.940506 Court. 4 1 13 1 2 0 323 1267 946 32 -1 5 1 13 1 2 1 323 1274 11 12 87.496696 e 5 1 13 1 2 2 373 1267 21 23 14.129381 A 5 1 13 1 2 3 405 1267 80 23 14.129381 minor 5 1 13 1 2 4 494 1267 66 24 96.701004 child 5 1 13 1 2 5 570 1267 19 24 96.745415 is 5 1 13 1 2 6 600 1267 126 30 96.501625 requested 5 1 13 1 2 7 735 1271 24 20 96.769653 to 5 1 13 1 2 8 770 1275 88 23 96.968964 appear 5 1 13 1 2 9 867 1268 33 30 96.452087 by 5 1 13 1 2 10 909 1268 40 24 96.452087 the 5 1 13 1 2 11 959 1268 92 31 96.422020 Family 5 1 13 1 2 12 1062 1269 58 24 96.779030 Law 5 1 13 1 2 13 1129 1269 140 24 96.696564 Mediators. 2 1 14 0 0 0 323 1345 992 62 -1 3 1 14 1 0 0 323 1345 992 62 -1 4 1 14 1 1 0 323 1345 992 34 -1 5 1 14 1 1 1 323 1353 11 12 83.096275 e 5 1 14 1 1 2 372 1346 22 22 39.510323 A 5 1 14 1 1 3 404 1345 81 24 39.510323 minor 5 1 14 1 1 4 494 1345 66 24 95.565819 child 5 1 14 1 1 5 570 1345 19 24 94.519119 is 5 1 14 1 1 6 600 1353 14 16 94.519119 a 5 1 14 1 1 7 623 1349 67 27 96.546722 party 5 1 14 1 1 8 699 1349 24 21 96.546722 to 5 1 14 1 1 9 734 1354 30 16 95.249207 an 5 1 14 1 1 10 774 1346 80 24 95.249207 action 5 1 14 1 1 11 864 1354 27 16 96.983292 or 5 1 14 1 1 12 900 1347 101 24 96.077896 ordered 5 1 14 1 1 13 1009 1350 25 20 96.077896 to 5 1 14 1 1 14 1045 1355 87 23 96.872894 appear 5 1 14 1 1 15 1141 1348 25 23 96.872894 in 5 1 14 1 1 16 1177 1348 73 24 96.999023 Court 5 1 14 1 1 17 1259 1348 32 31 95.355209 by 5 1 14 1 1 18 1302 1356 13 16 95.355209 a 4 1 14 1 2 0 373 1383 214 24 -1 5 1 14 1 2 1 373 1383 103 24 96.938110 Judicial 5 1 14 1 2 2 487 1383 100 24 96.778961 Officer. 2 1 15 0 0 0 272 1459 1133 72 -1 3 1 15 1 0 0 272 1459 1133 72 -1 4 1 15 1 1 0 272 1459 1133 34 -1 5 1 15 1 1 1 272 1459 21 24 80.866013 3. 5 1 15 1 1 2 368 1455 14 42 96.033615 A 5 1 15 1 1 3 404 1463 69 27 96.033615 party 5 1 15 1 1 4 483 1459 107 31 96.612648 entering 5 1 15 1 1 5 601 1467 46 23 96.651077 any 5 1 15 1 1 6 658 1460 113 30 96.979530 Superior 5 1 15 1 1 7 781 1461 74 23 96.966637 Court 5 1 15 1 1 8 864 1460 102 31 96.996201 Facility 5 1 15 1 1 9 975 1461 59 24 96.809654 with 5 1 15 1 1 10 1043 1461 79 24 96.951340 minor 5 1 15 1 1 11 1131 1462 108 24 96.897560 children 5 1 15 1 1 12 1248 1462 20 24 96.490784 is 5 1 15 1 1 13 1279 1462 93 31 96.713806 subject 5 1 15 1 1 14 1381 1467 24 20 96.713806 to 4 1 15 1 2 0 373 1498 933 33 -1 5 1 15 1 2 1 373 1498 84 23 97.009972 search 5 1 15 1 2 2 467 1498 47 24 97.009727 and 5 1 15 1 2 3 523 1498 51 24 96.428787 will 5 1 15 1 2 4 584 1498 29 24 96.428787 be 5 1 15 1 2 5 623 1498 126 24 96.461403 reminded 5 1 15 1 2 6 758 1498 30 24 96.955460 of 5 1 15 1 2 7 793 1499 48 24 96.835342 this 5 1 15 1 2 8 852 1499 117 31 96.815964 Standing 5 1 15 1 2 9 979 1499 76 24 96.984650 Order 5 1 15 1 2 10 1064 1499 33 31 96.497993 by 5 1 15 1 2 11 1107 1500 74 24 96.835655 Court 5 1 15 1 2 12 1192 1501 114 30 95.701050 Security. 2 1 16 0 0 0 271 1574 1145 162 -1 3 1 16 1 0 0 271 1574 1145 162 -1 4 1 16 1 1 0 271 1574 1068 33 -1 5 1 16 1 1 1 271 1574 22 24 76.326927 4. 5 1 16 1 1 2 372 1574 50 24 96.869385 The 5 1 16 1 1 3 432 1575 99 30 96.068863 Deputy 5 1 16 1 1 4 541 1574 95 25 94.286362 Sheriff 5 1 16 1 1 5 642 1574 25 24 94.286362 in 5 1 16 1 1 6 676 1575 86 31 96.937004 charge 5 1 16 1 1 7 773 1575 30 24 96.710220 of 5 1 16 1 1 8 810 1575 105 31 96.692612 security 5 1 16 1 1 9 924 1576 20 24 96.574341 is 5 1 16 1 1 10 955 1576 140 24 96.574341 authorized 5 1 16 1 1 11 1103 1580 24 20 96.784698 to 5 1 16 1 1 12 1137 1580 96 27 96.938354 request 5 1 16 1 1 13 1242 1577 49 24 97.008217 that 5 1 16 1 1 14 1299 1577 40 24 97.012062 the 4 1 16 1 2 0 372 1613 1044 34 -1 5 1 16 1 2 1 372 1616 84 27 97.017494 parent 5 1 16 1 2 2 465 1621 27 16 96.599113 or 5 1 16 1 2 3 502 1613 152 30 96.897476 supervising 5 1 16 1 2 4 664 16

6 140 24 96.574341 authorized 5 1 16 1 1 11 1103 1580 24 20 96.784698 to 5 1 16 1 1 12 1137 1580 96 27 96.938354 request 5 1 16 1 1 13 1242 1577 49 24 97.008217 that 5 1 16 1 1 14 1299 1577 40 24 97.012062 the 4 1 16 1 2 0 372 1613 1044 34 -1 5 1 16 1 2 1 372 1616 84 27 97.017494 parent 5 1 16 1 2 2 465 1621 27 16 96.599113 or 5 1 16 1 2 3 502 1613 152 30 96.897476 supervising 5 1 16 1 2 4 664 1613 66 24 96.911476 adult 5 1 16 1 2 5 739 1614 93 24 96.809799 control 5 1 16 1 2 6 843 1622 26 15 96.682716 or 5 1 16 1 2 7 878 1622 99 16 96.682716 remove 5 1 16 1 2 8 987 1622 14 16 96.780609 a 5 1 16 1 2 9 1010 1614 79 24 96.529022 minor 5 1 16 1 2 10 1099 1615 64 24 96.301743 child 5 1 16 1 2 11 1173 1615 62 24 96.301743 from 5 1 16 1 2 12 1246 1623 46 23 96.845993 any 5 1 16 1 2 13 1303 1616 113 31 96.756516 Superior 4 1 16 1 3 0 373 1651 793 85 -1 5 1 16 1 3 1 373 1651 75 24 96.663261 Court 5 1 16 1 3 2 457 1651 101 31 96.769882 Facility 5 1 16 1 3 3 568 1655 24 81 48.081917 i 5 1 16 1 3 4 602 1651 117 24 96.470139 maintain 5 1 16 1 3 5 728 1652 104 30 96.421242 security 5 1 16 1 3 6 842 1652 48 24 96.421242 and 5 1 16 1 3 7 900 1652 78 31 96.948677 safety 5 1 16 1 3 8 988 1652 29 24 96.541313 of 5 1 16 1 3 9 1023 1652 32 24 96.541313 all 5 1 16 1 3 10 1064 1657 102 26 96.857407 present. 2 1 17 0 0 0 608 1683 269 69 -1 3 1 17 1 0 0 608 1683 269 69 -1 4 1 17 1 1 0 608 1683 269 69 -1 5 1 17 1 1 1 608 1689 44 63 52.350025 he 5 1 17 1 1 2 687 1679 27 83 0.000000 )) 5 1 17 1 1 3 723 1683 154 65 44.657616 Keuken 2 1 18 0 0 0 322 1795 1000 84 -1 3 1 18 1 0 0 322 1795 1000 84 -1 4 1 18 1 1 0 568 1795 466 40 -1 5 1 18 1 1 1 568 1829 9 6 61.253197 _| 5 1 18 1 1 2 614 1795 121 31 92.765686 JOHN 5 1 18 1 1 3 749 1796 39 31 84.231728 D. 5 1 18 1 1 4 804 1796 230 31 84.231728 KIRTHARA 4 1 18 1 2 0 322 1846 1000 33 -1 5 1 18 1 2 1 322 1846 247 31 95.834885 PRESIDING 5 1 18 1 2 2 605 1846 125 31 95.716209 JUDGE 5 1 18 1 2 3 746 1847 59 31 96.236809 OF 5 1 18 1 2 4 818 1847 92 31 96.553970 THE 5 1 18 1 2 5 926 1847 226 32 96.014221 SUPERIOR 5 1 18 1 2 6 1165 1848 157 31 96.676498 COURT 2 1 19 0 0 0 221 1939 1094 117 -1 3 1 19 1 0 0 221 1939 1094 117 -1 4 1 19 1 1 0 222 1939 1093 36 -1 5 1 19 1 1 1 222 1940 53 27 96.339203 Ce: 5 1 19 1 1 2 289 1939 48 27 96.811516 All 5 1 19 1 1 3 349 1939 133 27 96.140961 Judicial 5 1 19 1 1 4 495 1940 142 27 96.175835 Officers: 5 1 19 1 1 5 652 1940 184 35 96.041847 Dougherty, 5 1 19 1 1 6 849 1941 164 34 96.057281 Flanagan, 5 1 19 1 1 7 1025 1941 131 32 96.209839 Hansen, 5 1 19 1 1 8 1169 1941 146 33 96.389061 McCabe, 4 1 19 1 2 0 221 1984 870 34 -1 5 1 19 1 2 1 221 1984 156 32 91.019249 Kirihara, 5 1 19 1 2 2 389 1984 74 32 96.999809 Ash, 5 1 19 1 2 3 477 1984 121 33 96.137878 Garcia, 5 1 19 1 2 4 611 1984 89 33 95.873482 Burr, 5 1 19 1 2 5 713 1985 145 33 95.876015 Corman, 5 1 19 1 2 6 871 1985 120 33 95.876015 Jacobs, 5 1 19 1 2 7 1005 1985 86 27 95.941292 Cook 4 1 19 1 3 0 222 2028 403 28 -1 5 1 19 1 3 1 222 2028 92 28 96.008080 CEO: 5 1 19 1 3 2 328 2029 153 26 93.208923 Kathleen 5 1 19 1 3 3 494 2029 131 27 91.388290 Goetsch 2 1 20 0 0 0 1533 2124 66 16 -1 3 1 20 1 0 0 1533 2124 66 16 -1 4 1 20 1 1 0 1533 2124 66 16 -1 5 1 20 1 1 1 1533 2124 9 16 95.738365 7 5 1 20 1 1 2 1551 2124 19 16 95.738365 of 5 1 20 1 1 3 1579 2124 20 16 96.690559 70

Staff Attorneys: K. Fincher, D. Morris Supervisors/Managers: D. Long, P. Pare, S. Mitchell, D. Curiel, R. Uliana, M. Pomicpic, D. Behrens, B. Peterson, S. Amis, M. Harmon, M. Shugart, A. Rodriguez, J. Johnson, B. Hefner, L. Slate, C. Carroll, R. Rodriguez, and Court Sheriff Note: This is the first Standing Order of 2008; the last Standing Order was 2007-0011. 8 of 70

JOHN D. KIRIHARA, Presiding Judge SUPERIOR COURT OF CALIFORNIA FRANK DOUGHERTY Judge COUNTY OF MERCED HUGH M, FLANAGAN, Judge RONALD W. HANSEN, Judge MARC A. GARCIA, Judge SUPERIOR COURTS BUILDING RALMHJ. COOK, Commissioner 2260 N. STREET HARRY L. JACOBS, Commiseioner MERCED, CALIFORNIA 95340 KATHLEEN GOETSCH, Court Executive Officer MERCED SUPERIOR COURT (209) 725-4100 (209) 725-4102 (Fax - Court Administration) STANDING ORDER 2010-01 April 19, 2010 Effective Immediately This Standing Order replaces Standing Order 2009-08 When the minor who is or has been the subject of a Juvenile Dependency Court proceeding, as that term is defined in California Welfare & Institutions Code Section 317, needs an appointment of counsel the Court Appointed Counsel is required to submit to the juvenile court a declaration setting for the need for appointment of outside counsel for the minor. The Juvenile Court shall upon receipt of such declaration and the finding of good cause for the appointment, appoint a guardian ad litem for the minor for the purpose of prosecuting or defending the pending action. This action shall be recorded on the Minute Order. The guardian ad litem shall contact a local attorney who is suitably experienced and competent in the litigation of the type of action in which the minor is involved. The guardian ad litem shall accept a contract for the attorney’s services and submit the contract to the Dependency Court Judicial Officer, for approval, (pro bono service is also acceptable.) Upon approval of the contract the clerk of the court shall calendar on the dependency court calendar as “Appointment of Section 317 Counsel” and provide notice to all parties. The Court at the hearing shall appoint counsel to prosecute or defend the action as provided by California Welfare & tution Code Section 317. ( BRIAN 1. McCABE ASSISTANT PRESIDING JUDGE OF THE SUPERIOR COURT Cc: Judicial Officers: Flanagan, Hansen, McCabe, Kirihara, Ash, Garcia, Moranda, Proietti, Corman, Jacobs and Cook CEO: Kathleen Goetsch; Supervisors/Managers: Donnelle Long, P. Pare, S. Mitchell, R. Uliana, M. Shugart, D. Curiel, R. Rodriguez, Z. Smith, K. Jacobs, A. Santiago, B. Hefner, Sylvia Barcelo, Michelle Steele, Joanne Harding, Management Services, Human Service Agency, Deborah Bennett, David Capron, William Davis, Linda Groth, Thomas Pfeiff, Jeffrey Tenenbaum 9 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced,courts.ca.gov Judicial Assistants 2260 N Street Merced, CA 95340 Phone (209) 725-4172 Fax (209) 725-4108 February 9, 2011 Effective Immediately 2011-0002 In all 300 Juvenile Dependency Matters, Debbie Bennett, Esq. will represent the minor children(s), except in cases of conflict. BRIANL. McCABE PRESIDING JUDGE OF THE MERCED SUPERIOR COURT Ce: All Judicial Officers-Kirihara, Garcia, Proietti, Hansen, Corman, Flanagan, Bacciarini, Ash, Cook, Moranda, and Jacobs. ; Stephanie Mitchell (Interim CEO), Donnelle Long, Dolores Curiel, Ronna Uliana, Marta Shugart, Zee Smith, Pat Pare, Brian Peterson, Steve Ward, Michelle Steele, Sylvia Barcelo, Joanne Harding, Helen Marciochi, Kathy Jacobs, Rosa Rodriguez, Annette Santiago, and Management Services. Other Departments: Human Service Agency, Bill Davis, David Haycraft, Tom Pfeiff, David Capron 10 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov 2260 N Street Merced, CA 95340 Phone (209) 725-4172 Fax (209) 725-4108 March 17, 2011 Effective Immediately 2011-0004 This Standing Order 2011-0004, shall replace Standing Order 2009-05. All parties should consult California Rules of Court Section 5.552 and Welfare and Institutions Code Section 827 regarding any request for juvenile court records. Ce: All Judicial Officers-Kirihara, Garcia, Proietti, Hansen, Corman, Flanagan, Bacciarini, Ash, Cook, Moranda, and Jacobs. Stephanie Mitchell (Interim CEO), Donnelle Long, Dolores Curiel, Ronna Uliana, Marta Shugart, Zee Smith, Pat Pare, Brian Peterson, Steve Ward, Michelle Steele, Sylvia Barcelo, Joanne Harding, Helen Marciochi, Kathy Jacobs, Rosa Rodriguez, Annette Santiago, and Management Services. 11 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov 2260 N Street Merced, CA 95340 Phone (209) 725-4172 Fax (209) 725-4108 March 26, 2011 Effective Immediately 2011-0005 The Judges of the Merced Superior Court hereby permit any Courtroom Clerk the authority to note in writing on the minutes of the court “formal probation modified to summary probation” ONLY when a defendant takes a plea and is sentenced to formal probation and when that same defendant appears at a later date before the Court and the formal probation is modified to summary probation. Below are the conditions of the above authority: 1. PRESIDING JUDGE OF THE All outstanding or remaining fines and fees related to the formal probation and the distribution of those fines and fees cease upon the Court’s order to modify the sentence to summary probation. All fines and fees related to formal probation that was paid up to the date of the Court’s modification order will stand and be distributed accordingly; therefore the defendant will not be refunded monies. The formal probation conditions ordering the defendant to report/notify probation will be modified wherein the defendant will now report/notify the Court. C BRIAN L/McG MERCED SUPERIOR COURT Ce: All Judicial Officers-Kirihara, Garcia, Proietti, Hansen, Corman, Flanagan, Bacciarini, Ash, Cook, Moranda, and Jacobs. Linda Romero Soles, Stephanie Mitchell, Donnelle Long, Dolores Curiel, Ronna Uliana, Marta Shugart, Zee Smith, Pat Pare, Brian Peterson, Steve Ward, Michelle Steele, Sylvia Barcelo, Joanne Harding, Helen Marciochi, Kathy Jacobs, Rosa Rodriguez, Annette Santiago, and Administration. District Attorney Office, Public Defender Office, Probation and Tom Pfeiff-Contract Counsel 12 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED BRIAN L. McCABE 627 W. ay Street PRESIDING JUDGE Merced, CA 95340 STANDING ORDER 2014-03 EFFECTIVE IMMEDIATELY November 3, 2014 EXPARTE COMMUNICATIONS Except as permitted by law and the California Rules of Court, all attorneys and self-represented litigants shall refrain from initiating ex parte communications with judges, commissioners, and referees of the Merced Superior Court. An “ex parte communication” is a communication with a judge or judicial officer that occurs outside the presence of the other parties to the proceeding and outside open court. Unauthorized ex parte communications may give the appearance of unfairness and could violate ethics rules. If an attorney or party wishes to inform the judge or judicial officer that he or she is delayed for a scheduled hearing, he or she shall contact the judge’s executive assistants or the clerk’s office. PRESIDING JUDGE OF THE MERCED SUPERIOR COURT 13 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED BRIAN L. McCABE 627 W. 21 st Street PRESIDfNG JUDGE Merced, CA 95340

STANDING ORDER- AMENDMENT 2015-02

Effective September 25, 2015

This Standing Order 2015-02 is a revision of Standing Order 2012-0011 dated December 29, 2012 and shall replace said Standing Order.

The courtesy notice, which is mailed to parties cited for a violation of California Vehicle Code 22348(8), advises them that appearance in court is mandatory.

If the party who has received such a notice calls, writes or appears at the clerk's office, the clerk is authorized to take the following actions for speed ranges 101-109 mph:

Advise the party:

1. He or she may post and forfeit the amount as set forth in the bail record on the case;

2. The amount must be paid in full within thirty (30) days or the party may request a payment plan;

3. Traffic school will not be permitted; and

4. DMV will put two (2) points on their record.

If the party wishes to post and forfeit the bail, accept the amount provided on the bail record on the case.

If the party does not want to post and forfeit amount provided or if the party was cited for over 109 mph, the party must appear in court.

The court may also suspend the driving privilege for a period not to exceed thirty (30) days. The case will remain a mandatory appearance and the excessive speed form shall be used in court. (Copy attached for refere·~~---

BRI L. CABE
PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Linda Romero Soles, CEO All Staff Attorneys All Managers and Supervisors 14 of 70 Standing Order 2015-02 Page 1 of 2

Defendant: Case Number:

EXCESSIVE SPEED RIGHTS

22348 (a) Notwithstanding subdivision (b) of Section 22351 , no person shall drive a

vehicle upon a highway with a speed limit established pursuant to Section 22349 of 22356 at a speed greater than the speed limit.

(b) Any person who drives a vehicle upon a highway at a speed greater than one hundred

( 100) miles per hour is guilty of an infraction punishable, as follows:

(1) Upon a first conviction of a violation of this subdivision, by a fme including penalties

and assessments not to exceed two thousand one hundred twenty nine dollars ($2, 129). The court may also suspend the privilege of the person to operate a motor vehicle for a period of not to exceed thirty (30) days pursuant to Section 13200.5.

(2) Upon a conviction under this subdivision of an offense which occurred within three

(3) years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine including penalties and assessments not to exceed three thousand one hundred ninety five dollars ($3, 195). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3) Upon a conviction under this subdivision of an offense which occurred within five (5)

years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fme including penalties and assessments not to exceed four thousand two hundred twenty dollars ($4,220). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

I understand I have the right to a trial before a Judge, the right to have an attorney

represent me, the right to cross-examine witnesses, the right to remain silent, the right to have subpoenas issued, and the right to a verbatim record.

If I plead guilty or no contest, I understand I am waiving these rights.

Dated: Signature

Standing Order 2015-02 Page 2 of2 15 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED BRIAN L. McCABE 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER – AMENDMENT #2016-04

EFFECTIVE DECEMBER 23, 2016

This Standing Order 2016-04 is a revision of Standing Order 2009-07 dated July 22, 2009 and shall replace said Standing Order.

MEDIA REQUESTS-CALIFORNIA RULES OF COURT, RULE 1.150

All media request are handled by the Executive Assistants1.

There are two forms that need to be submitted when the Media is requesting to photograph, record, or broadcast an event. There is the Media Request and the Order on Media Request to Permit Coverage (MC-500) and (MC-510).

The requesting agency will need to complete the (MC-500) and the (MC-510) and e-mail those forms to all.executive-assistants@mercedcourt.org.

There is a five-day notice rule (CRC Rule 1.150) for Media Requests, but a Judicial Officer can find “good cause” if the request comes in at a later time.

When the Request and Orders are received, properly filled out by the media, the Judicial Assistant/Los Banos Supervisor will:

1. Confirm that the case information (name, number, date and location of the hearing) is accurate.

2. File stamped the MC-500 as soon as it case information is confirmed to be correct.

3. E-mail a scanned copy of the filed request to all parties or attorneys of record pursuant to Rule 1.150(1).

4. The filed request, printed copy of notice (e-mail) to parties, and proposed order will be submitted to the Judicial Officer who is hearing the matter as some Judicial Officers request

1 In Los Banos, the division supervisor will process all Media Requests.

16 of 70

Standing Order #2016-04 Media Requests December 23, 2016 specific things such as no photos of the Judge and/or no pictures of staff. If no judicial officer is assigned, it should be reviewed by the Presiding Judge.

5. Once the MC-510 Order has been signed, it must be file-stamped.

6. The Executive Assistant will send the requesting agency a copy of the file-stamped request and order by e-mail.

7. A scanned copy of the filed request and order are to be e-mailed to the Court CEO, Calendar Manager, and head of Court Security (cc: all Executive Assistant and Supervising Courtroom Clerk) along with the case information, including date, time, and location of the hearing for with the request and order were made.

8. The original request and order will be forwarded to the appropriate division once all steps are complete.

   BRIAN L. MCCABE

   PRESIDING JUDGE OF THE SUPERIOR COURT

cc: Linda Romero Soles, CEO All Staff Attorneys All Managers and Supervisors

17 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 21* Street ee Merced, CA 95340 TELEPHONE: (209) 725-4172 FAX: (209) 725-4108 STANDING ORDER #2017-02 EFFECTIVE MARCH 9, 2017 INTERPRETER CANCELLATION The Court has the discretion to assess a party and/or attorney all or part of the financial expense of the interpreter(s) when an interpreter(s) is canceled because the party or attorney has not provided at least 24 hours advance notice that the interpreter(s) is not required as scheduled. de DONALD #& PROIETTI PRESIDING JUDGE OF THE SUPERIOR COURT cc: All Judicial Officers Linda Romero Soles, CEO All Managers and Supervisors All Justice Partners 18 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 2I51 Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER 2018-03

EFFECTIVE APRIL 25, 2018

PROCEDURE FOR BOARD PAROLE HEARINGS INVESTIGATION; REQUEST FOR INPUT

Upon receipt of notice by the Board of Parole Hearings that an investigation is pending, requesting the Court's input, the correspondence will go directly to the court file. The Court will have no comment on these matters.

J ROIETTI DONAL~ PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Linda Romero Soles, CEO All Staff Attorneys All Managers and Supervisors

19 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 21" Street PRESIDING JUDGE Merced, CA 95340 STANDING ORDER #2018-04 EFFECTIVE MAY 22, 2018 PROCEDURES FOR HANDLING CONFIDENTIAL RECORDS The Clerk of the Court shall allow all parties and attorneys of record to view the confidential records of the case, so that the court is not placed in a position of inadvertently maintaining inappropriate ex parte communication. In the event a document is lodged without a proof of service, the Clerk of the Court shall send out a notice to the parties that the confidential document is being maintained in the court file. This order does not apply to documents filed under seal or documents that are confidential and access limited by law. DONALD J. PROIETTI PRESIDING JUDGE OF THE SUPERIOR COURT ce: All Judicial Officers Linda Romero Soles, CEO All Staff Attorneys All Managers and Supervisors 20 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 2l5t Street PRESIDING JUDGE Merced, CA 95340

ST ANDING ORDER #2018-05

EFFECTIVE JUNE 5, 2018

Standing Order #2018-05 is an amendment to Standing Order #2006-02 dated August 11, 2006 and shall replace said standing order.

The following standing orders shall apply to release of information by the Merced Superior Court, Family Law Division to the Human Services Agency, Child Welfare Services (herein referred to as "CWS").

Information released pursuant to this standing order will include any and all reports and recommendations of any evaluators appointed pursuant to Family Code section 3110 and 3111 , et seq., and/or Evidence Code section 730. It shall further apply to release of information provided by minors counsel appointed under Family Code, section 3150 et seq., and agreements, rationales and/or recommendations of court mediators assigned to mediation per Family Code section 3160 et seq. In addition, this rule will apply to other related confidential information, such as drug test results and reports from supervised visitation programs. The information shall be provided regardless of whether such information is confidential.

1. Initiating Requests:

   Prior to requesting any information from the court, CWS shall fax to the Family Law Clerk's office at (209) 725-4118 the name of the CWS representatiV'e requesting the information, as well as the names of the parties and children for whom information is requested.

2. Court Liaison:

The Family Law Division Supervisor and Senior Processing Clerk, or their designee, are authorized to discuss the information contained in the court file with the CWS representative.

Standing Order #2018-05 Pagel of2 21 of 70

3. Viewing Court Records:

   If the CWS representative requests to view court records, they shall be made available to the CWS representative at the Family Law Clerk's office.

   4. Copies:

   If the CWS representative requests copies, the Family Law Division Supervisor and Senior Processing Clerk, or their designee, may e-mail copies of all or a portion of the records to them.

   The documents provided shall not be copied or shown to anyone other than the CWS personnel assigned to the case, unless expressly ordered by the Family Law or Juvenile Court.

   l
   DONALD .aROI I cc: All Judicial Officers

   Linda Romero Soles, CEO All Staff Attorneys All Managers and Supervisors

Standing Order #2018-05 Page 2of2 22 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI www.merced.courts.ca.gov PRESIDING JUDGE 627 West 2151 Street TELEPHONE: (209) 725-4172 Merced CA 95340 FAX: (209) 725-4108

ST ANDING ORDER #2018-08

EFFECTIVE IMMEDIATELY NOVEMBER 5, 2018

WELFARE AND INSTITUTIONS CODE§ 827 PROCEDURES: AUTHORIZED PARTIES

Persons or agencies entitled to inspect a juvenile case file without a court order pursuant to Welfare
and Institutions Code§ 827(a)(l)(A)-(O), and persons or agencies entitled to inspect and receive
copies of a juvenile case file without a court order pursuant to Welfare and Institutions Code §
827(a)(5), must present identification and file Mandatory Local Form MSC-JV-002: Declaration
for Access to Juvenile Case File in Possession ofJuvenile Court with the Juvenile Court. The form
can be located at the Juvenile Delinquency Clerk's Office, Juvenile Dependency Clerk's Office,
and on the court's website. To access a file in possession of an agency, the agency must be
contacted directly for instructions on disclosure.

DONAL . PROIE
PRESIDING JUDGE OFT E MERCED SUPERIOR COURT

cc: All Judicial Officers
Linda Romero Soles, CEO
All Staff Attorneys
All Managers and Supervisors

23 of 70

SUPERIOR COURT OF CALIFORNIA J. PROIETTI COUNTY OF MERCED DONALD 627 W. 2ist Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2019-03

EFFECTIVE OCTOBER 29, 2019

Standing Order #2019-03 is an amendment to Standing Order #2009-01 effective January 8, 2009 and shall replace said standing order.

PROTOCOL FOR WELFARE & INSTITUTION CODE§ 602/300 HEARINGS

Upon the detention of a minor under Welfare & Institution Code § 602, the Juvenile Probation Department shall contact the Human Services Agency (HSA) to determine whether or not that minor is currently a dependent under Welfare & Institution Code§ 300.

Once HSA has determined that the minor in question is currently a dependent under Welfare & Institution Code§ 300 who has been detained under Welfare & Institutions Code§ 602, HSA shall notify Juvenile Probation. Juvenile Probation shall document this in the new W &I § 602 file.

The Juvenile Delinquency Court shall then suspend juvenile proceedings and set a date for the Welfare & Institution Code § 241.1 protocol hearing, to be heard on the W &I § 300 Dependency calendar. This hearing date shall be set within 10 days if minor is in custody; within 15 days if the minor is not in custody.

The Juvenile Delinquency Court shall then notify the Dependency Division Court Processing Clerk (Dependency Clerk) in charge of the W&I § 300 calendar. The Dependency Clerk shall look up the matter and ascertain the names of all persons to be noticed, to include: parents, guardians, parents' attorney, minor's counsel, District Attorney 's Office-Juvenile, Public Defender's Office, if applicable, Probation Department, and Human Service Agency.

The Dependency Clerk shall send notice of the hearing to all relevant parties listed above. The Juvenile Probation Department shall provide all of the noticed parties with a copy of the 241 .1 Welfare & Institution Report with so~ : ached, if ; le

DO OIETTI
PRESIDING JU OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, Interim CEO All Staff Attorneys All Managers and Supervisors

24 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 2151 Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2020-01

EFFECTIVE

JANUARY 13, 2020

Standing Order #2020-01 is an amendment to Standing Order #2007-04-01 effective April 4, 2007 and shall replace said standing order.

WHEREAS: The Merced County Sheriff is designated as the Court Security Officer in Merced, and is charged with assuring security in court facilities within which the Courts of this State and County conduct judicial business;

WHEREAS: Violence and threats of violent acts directed against courthouses, judicial officers, court staff, and the public have given rise to a clear, urgent need for protective measures to safeguard the administration of justice from a real danger of violence;

WHEREAS: The Court of this County has issued security orders directing the Court Security Officer to install and utilize weapons screening measures such as metal detection and x-ray equipment in such facilities;

WHEREAS: Court Security Officers do utilize weapons screening measures (metal detection and x-ray equipment therefore) in such facilities which will result in the exclusion and/or confiscation of a plethora of prohibited materials and weapons including, but not limited to handcuff keys, box cutters, marlin spikes, hammers, hatchets, large screw drivers, caustic chemicals, hazardous materials, ammunition and dangerous weapons of many varieties;

WHEREAS: Courthouse weapons screening will be no more intrusive than necessary to protect against the danger involved; and,

WHEREAS: Persons seeking entry to courthouses may be given adequate notice by signage that they may leave the facility rather than submit to screening.

25 of 70

IT IS ORDERED:

1. All persons, except current judicial officers of the Merced Superior Court, entering or otherwise present in court facilities shall submit to any request by the Sheriff of Merced County to participate in a weapons screening process involving metal detection and x-ray equipment. If upon screening the Sheriff suspects identified material or matter may compromise security, the Sheriff may demand to inspect it and, ifit is otherwise lawful to possess, but compromises security, forbid possession of it in the facility by allowing the possessor to leave or otherwise not bring the matter into the facility. In that ammunition is classified as a Class 1 hazardous material/explosive, all ammunition shall be confiscated.

2. No person within courthouse facilities, other than a person specifically charged with the security of the court building, or on-duty peace officers performing law enforcement duties within the scope of their employment, shall possess a firearm, knife, teargas, taser, stun gun or similar device, as defined or listed in Penal Code sections 171 b and 244.5. This prohibition shall be enforced whether or not the person also possesses a valid license or pennit therefore.

3. No person, including on-duty peace officers, shall possess any weapon in the courtroom when appearing as a party in a civil or probate matter or when attending any family law matter as an observer, witness, or party.

4. No peace officer, including Sheriffs patrol deputies and/or detectives, shall walk into any chamber for any reason without permission from the courtroom deputy.

5. The Sheriff is authorized in his discretion to exempt from portions of the screening process any peace officers displaying current, valid, official photographic identification.

6. Except in the event of an emergency, no peace officer, including Sheriffs patrol deputies and/or detectives, shall arrest anyone within the court facilities for any warrant or any crime that was committed outside of the court facilities. The peace officer, including Sheriffs patrol deputies and/or detectives, must obtain permission from the court services deputy-in-charge/sergeant or from the judicial officer before making any arrest within the court facilities.

7. No prisoner shall be released to any peace officer, including Sheriffs patrol deputies and/or detectives, in the courtroom without permission from the judicial officer.

8. At each facility at which the Sheriff operates weapons screening pursuant to this authorization, signs shall be posted which are clearly visible to the public before entry declaring the existence of metal detection and x-ray screening security.

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Nothing in this order is intended to, nor shall, diminish the legal and lawful authority of the Sheriff as a peace officer.

Disobedience of this order is punishable as a contempt of court and under general law.

This order is effective immediately.

This is the first Standing Order of 2020; the last Standing Order was 2019-03.

cc: All Judicial Officers Amanda Toste, Interim CEO All Staff Attorneys All Managers and Supervisors Merced County Sheriffs Department Merced County District Attorney Merced County Public Defender Merced County Probation Department

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 2ist Street PRESIDING JUDGE Merced, CA 95340

ST ANDING ORDER #2020-02

EFFECTIVE

JANUARY 13, 2020

LIMITATIONS ON MEDIA COVERAGE

When a media request is granted, the following limitations apply unless an exception is expressly permitted by written judicial order.

1. Any photographing or video coverage of the interior of a courtroom through glass door windows is prohibited.
2. Photographing or video coverage of any kind by the media and general public is not permitted in any part of a court facility, including but not limited to lobby areas, hallways, stairs, and elevators.
3. Photographing or video coverage of anyone wearing a juror badge, whether intentional or inadvertent, anywhere in any court facility is prohibited.
4. Photographing and/or video coverage of judicial officers, court staff, and jurors is not permitted.

All proposed orders (MC-510) submitted with a media request (MC-500) must include the following language:

1. Personnel and equipment shall be placed in the back of the courtroom.
2. Only still photography and video coverage of counsel and defendant is permitted. Photographing and/or video coverage of judicial officers, court staff, and jurors is not permitted.

A sample order is attached and will be posted to: https://www.merced.courts.ca.gov/administrative requests.shtml.

Nothing in this rule changes or affects the procedures established · 1.150.

cc: All Judicial Officers Amanda Toste, Interim CEO All Staff Attorneys All Managers and Supervisors

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MC-510 MEDIA AGENCY (name): FOR COURT USE ONLY CHANNEUFREQUENCY NO.: PERSON SUBMITIING REQUEST (name):

ADDRESS:

TELEPHONE NO.

Insert name of court and name of judicial district and branch court, if any· Merced Superior Court TITLE OF CASE:

NAME OF JUDGE:

CASE NUMBER

ORDER ON MEDIA REQUEST TO PERMIT COVERAGE

AGENCY MAKING REQUEST (name):

1. a. f"7l No hearing was held. Dept/Div.: Room: b. D Date of hearing: Time:

2. The court considered all the relevant factors listed in subdivision (e)(3) of California Rules of Court, rule 1.150 (see reverse) .

3. 0 THE COURT FINDS (findings or a statement of decision are optional): 0 Attached 0 As follows:

   THE COURT ORDERS

4. The request to photograph, record, or broadcast is a. D denied. b. D granted subject to the conditions in rule 1.150, California Rules of Court, AND the following : (1) 0 The local rules of this court regulating media activity outside the courtroom (copy attached). (2) 0 The order of the presiding or supervising judge regulating media activity outside the courtroom (copy attached). (3) O Payment to the clerk of increased court- incurred costs of (specify): $ 0 to be determined. (4) 0 The media agency shall demonstrate to the court that the proposed personnel and equipment comply with California Rules of Court, rule 1.150, and a~ocal rule or order. (5) 0 Personnel and equipment shall be placed LJ as directed 0 as indicated in the attachment [{] as follows (specify): in back of the courtroom. (6) (i) 0 The attached statement of agreed pooling arrangements is approved. (ii) O A statement of agreed pooling arrangements satisfactory to the court shall be filed before coverage begins. (7) 0 This order (i) 0 shall not apply to allow coverage of proceedings that are continued. (ii) D shall apply to allow coverage of proceedings that are continued. (8) 0 Other (specify): Still photography and video coverage of counsel and defendant only. Photographing and/or recording judicial officers, court staff, and jurors is not permitted.

5. Coverage granted in item 4b is permitted in the following proceedings: a. 0 All proceedings, except those prohibited by California Rules of Court, rule 1.150, and those proceedings prohibited by further court order. b. D Only the following proceedings (specify type or date or both):

6. D The order made on (date): is D terminated D modified as follows (specify):

7. D Number of pages attached: Date: JUDGE (See reverse for additional information) Page 1 of 2 Cal. Rules of Court rule 1.150

Form Adopted for Mandatory Use ORDER ON MEDIA REQUEST TO PERMIT COVERAGE www.courtinfo.ca.gov Judicial Council of California MC-510 [Rev. January 1. 2007] 29 of 70

MC-510 ~ASE NAME CASE NUMBER.

FACTORS CONSIDERED BY THE JUDGE IN MAKING THIS ORDER (Rule 1.150)

1. Importance of maintaining public trust and confidence in 11 . Effect of coverage on the willingness of witnesses to the judicial system cooperate, including the risk that coverage will engender threats to the health or safety of any witness 2. Importance of promoting public access to the judicial system

2. Parties' support of or opposition to the request 12. Effect on excluded witnesses who would have access to

3. Nature of the case the televised testimony of prior witnesses

4. Privacy rights of all participants in the proceeding, 13. Scope of the coverage and whether partial coverage including witnesses, jurors, and victims might unfairly influence or distract the jury

5. Effect on any minor who is a party, prospective witness, 14. Difficulty of jury selection if a mistrial is declared victim, or other participant in the proceeding 15. Security and dignity of the court

6. Effect on the parties' ability to select a fair and unbiased 16. Undue administrative or financial burden to the court or jury participants

7. Effect on any ongoing law enforcement activity in the case 17. Interference with neighboring courtrooms

8. Effect on any unresolved identification issues 18. Maintaining orderly conduct of the proceeding

9. Effect on any subsequent proceedings in the case 19. Any other factor the judge deems relevant

   PROHIBITED COVERAGE (Rule 1.150)

This order does not permit photographing, recording, or broadcasting of the following in the court:

1. The jury or the spectators 5. A conference between counsel and the judge at the

2. Jury selection bench ("sidebars")

3. A conference between an attorney and a client, witness, 6. A proceeding closed to the public or aide 7. A proceeding held in chambers

4. A conference between attorneys

   MEDIA PERSONNEL AND EQUIPMENT (Rule 1.150)

NOTE: These requirements apply unless the judge orders otherwise. Refer to the order for additional requirements.

1. No more than one television camera 6. No distracting sounds or lights
2. No more than one still photographer 7. No visible signal light or device that shows when equip-
3. No more than one microphone operator and no obtrusive ment is operating microphones or wiring 8. No disruption of proceedings, nor public expense, to
4. No operator entry or exit or other distraction when the install, operate, or remove modifications to existing sound court is in session and lighting systems
5. No moving equipment when the court is in session 9. No media agency insignia or marking on equipment or clothing SANCTIONS FOR VIOLATING THIS ORDER (Rule 1.150)

Any violation of this order or rule 1.150 is an unlawful interference with the proceedings of the court. The violation may result in an order terminating media coverage, a citation for contempt of court, or an order imposing monetary or other sanctions.

MC-510 (Rev. January 1. 2007] ORDER ON MEDIA REQUEST TO PERMIT COVERAGE Page 2 of 2

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2020-07

EFFECTIVE

AUGUST 10, 2020

JAIL PASS REQUESTS

Effective immediately, and in response to the ongoing exposure risks presented by the COVID- 19 pandemic, Merced Superior Court Judicial Officers will no longer approve jail passes during the pandemic and for 90 days after the State of Emergency has been lifted, at minimum.

The Court shall respond to all Jail Pass Requests submitted during this time by indicating that the Court has “no objection if the Sheriff approves the request.”

DONALD J. PROIETTI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Court Executive Officer All Staff Attorneys All Managers and Supervisors

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER – AMENDMENT 2020-08

EFFECTIVE AUGUST 28, 2020

Standing Order #2020-08 is an amendment to Standing Order #2019-02 effective May 24, 2018 and shall replace said standing order.

PROCEDURE FOR REQUESTS FOR EXTENSIONS OF TIME FOR TRANSCRIPTS

Effective immediately, an extension of time for preparing the record shall be submitted by the requesting Court Reporter to the Court Calendar Manager for review. The Court Calendar Manager will contact and provide the necessary information to the Court Executive Officer (CEO) for approval and signature as the appointed designee. In the event the CEO is unavailable, the Deputy Executive Officer is the alternate designee.

Procedure for Extension of Time on Appeals is attached.

DONALD J. PROIETTI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

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EXTENSION OF TIME ON APPEALS

Procedure for Requests for Extensions of Time for Transcripts:

1. The requesting Court Reporter can access the extension request forms in the G: Drive, under Court Reporter/Appeal Extensions, and complete the appropriate form (Criminal or Civil/Juvenile).

2. The requesting Court Reporter submits the completed extension request form to the Court Calendar Manager for review. Remember to keep a copy of the request form for your own records.

3. The Court Calendar Manager will forward the request form to the Court Executive Officer (CEO) and provide any information necessary for review. In the event the CEO is unavailable, the Deputy CEO is designated as the alternate designee.

   a. If approved, the extension will be returned to the Court Calendar Manager to be processed with the Fifth District Court of Appeal.

   b. If denied, the Court Calendar Manager will make every effort to schedule the requesting court reporter with sufficient desk time.

4. The requesting Court Reporter is responsible for notifying the Court Calendar Manager if there are any concerns with meeting the due date.

Adopted August 18, 2008; Revised August 10, 2020.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED DONALD J. PROIETTI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

AMENDED STANDING ORDER #2021-03

EFFECTIVE

MAY 5, 2021

Standing Order #2021-03 incorporates Standing Order #2015-04 and Standing Order #2018-06 and shall replace said standing orders.

AUTHORIZED RATES FOR COURT-ORDERED SERVICES

The Superior Court of California, County of Merced authorizes the following fee rates for court-ordered and court-appointed services. Additional expenses may be authorized by order of the Court.

SERVICE FEE

Criminal Court Appointed Attorney $125 per hour (Pen. Code § 987.2)

Investigators $ 45 per hour (Pen. Code § 987.2; Fam. Code §§ 3151, 7863)

Experts-hourly rate not to exceed $200 per hour (W&I §§ 6602, 6603, 6605; Evid. Code § 730)

Psychological/Psychiatric Exams $600 per exam (Pen. Code §§ 1368, 1369, 1370, 288.1; W&I §§ 5150, 5303.1)

Psychologist/Psychiatrist Exams As ordered by the (Pen. Code §§ 1016(6), 1017, 1026, 1027) Judicial Officer

Juvenile Delinquency Representation $125 per hour (W&I §§ 707, 741)

Standing Order 2021-03 Page 1 of 2 Amended June 23, 2021

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SERVICE FEE

Juvenile Dependency Representation $100 per hour (W&I § 300)

Minor’s Counsel $125 per hour (Fam. Code §§ 3150, 7863; Prob. Code § 1470)

Travel Expenses IRS Standard Mileage Reimbursement Rate

All claims must be submitted in accordance with the applicable Merced County resolution, Superior Court policy, or order of the Court.

DONALD J. PROIETTI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

Standing Order 2021-03 Page 2 of 2 Amended June 23, 2021

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER - AMENDMENT #2022-02

EFFECTIVE JANUARY 1, 2022

Standing Order #2022-02 is a revision of Standing Order #2018-07 dated August 13, 2018 and shall replace said standing order.

Merced Superior Court reaffirms its adoption of the fees enumerated in the Uniform Civil Filing Fees and Standard Fee Schedule Act of 2005 (Assembly Bill 145). The Legislation requires the individual courts to establish fees based on actual cost. Those additional fees are revised to reflect current actual costs and are listed below.

Daily Jury Fees [CCP631(e)] ................................................... Based on Actual Cost Court Reporter Per Diem Fee – One-Half Day [GC68086(a)(1)(B)] .............. $ 225 Court Reporter Per Diem Fee – Full Day [GC68086(a)(1)(B)] ....................... $ 450 Extra Court Reporter – One-Half Day [GC69953.5] ....................................... $ 225 Extra Court Reporter – Full Day [GC69953.5] ................................................ $ 450 Child Adoption Assessment [FC9001/9002] ................................................... $ 700 Guardianship Investigation [Prob. Code 1513.1] ............................................ $ 450 Conservatorship Investigation [Prob. Code 1851.5] ........................................ $ 450 Administrative Charge for Returned NSF Check [CCP411.20(a)/GC71386] . $ 45 Administrative Charge for Partial Payment [CCP411.21(g)] .......................... $ 25 Administrative Charge for Collection of Fee Where Fee Waiver was Previously Granted [GC68638(a)] ............................................................... $ 25 Reasonable Fee for Product–Packets [GC70631] .................... Based on Actual Cost Handling Funds Held in Trust ($5,000 Minimum) [GC70632] ....................... $ 50 Certificate of Facts Regarding Unsatisfied Judgment [VC16373] ................... $ 15 Petition for Change of Plea [PC1203.4(d)] ...................................................... $ 150 Bail Bond Fee (Extend Time or Set Aside) [PC1305.4] .................................. $ 75 Bail Bond Resume Liability [PC1306(b)] ........................................................ $ 75

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2022-05

EFFECTIVE

JUNE 30, 2022

AUTHORIZATION TO GRANT JUROR DEFERRALS

On March 6, 2020, Merced Superior Court implemented Standing Order #2020-03 in response to COVID-19 (Coronavirus), in which the presiding judge preauthorized the Jury Commissioner and Jury Office staff to grant deferrals of jury service to any juror who has checked in for jury duty but has not appeared before a judicial officer, under the following circumstances:

The juror requests deferment because he or she is suffering from cold or flu-like symptoms. Said juror may defer their service for up to 90 days.

Once the juror reports to the courtroom, deferment is subject to judicial officer approval.

Standing Order 2020-03 expired by its terms on June 30, 2020; Standing Order 2020-06 extended the order to September 30, 2020; Standing Order 2020-09 extended the order to December 31, 2020; Standing Order 2021-01 extended the order to March 31, 2021; Standing Order 2021-02 extended the order to June 30, 2021; Standing Order 2021-04 extended the order to September 30, 2021; Standing Order 2021-06 extended the order to December 31, 2021; Standing Order 2022-01 extended the order to March 31, 2022; and Standing Order 2022-03 extended the Order to June 30, 2022. The Presiding Judge hereby extends the preauthorization to grant juror deferrals under the same circumstances as indicated above.

This order will expire on December 31, 2022.

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER - AMENDMENT 2022-06

EFFECTIVE SEPTEMBER 20, 2022

Standing Order 2022-06 is a revision of Standing Order 2021-08 dated November 5, 2021 and shall replace said standing order.

1. Clerks’ Responsibilities:

Any Clerk that performs any action on a case is responsible for updating the case including, the Department of Motor Vehicle Docket (DMV).

2. Mandatory Appearance – VC § 40616:

   The Clerk has authority to waive the mandatory appearance on Vehicle Code (VC) 40616 cases and accept proof of correction including the $25.00 fee or, for cases without the proof of correction, the Clerk must accept the total bail due.

3. Proof of Correction:

   a. If a citation is issued as correctable, the Court will accept the signed off citation, along with the $25.00 proof of correction fee, and dismiss the charge.

   b. If a citation is issued for tinted windows, VC § 26708(a)(1), the Court will accept the signed off citation along with the $25.00 proof of correction fee if the citation is marked correctable.

   c. If a citation is issued for tinted windows, VC § 26708(a)(1) and VC § 240041, Unlawful Operation after Notice of Unsafe Condition by Officer, the Court will accept proof of correction on the VC § 26708(a)(1) and the $25.00 proof of correction fee. However, VC § 24004 is not correctable and is considered a moving violation with one point. The defendant may pay the bail and attend traffic school, if eligible, or pay the bail.

   d. If a citation is issued for VC § 24002(a), Vehicle Not Equipped or Unsafe, and the officer has listed tinted windows as the offense, the Court will not accept proof of correction. The defendant may pay the bail and attend traffic school, if eligible, or pay the bail as this is also considered a moving violation with one point.

   1 Note: An officer may use this section when citing a repeat offender for any correctible offense.

Standing Order 2022-06 Page 1 of 6

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e. When a citation is issued for no proof of insurance, charge of VC § 16028(A), if defendant brings or submits valid insurance showing valid coverage on or before the citation date, the Clerk may accept with $25.00 proof of correction fee. Defendants may take care of this matter without an appearance in court. This can be handled over the counter and/or through the mail.

f. When a citation is issued for VC § 12500(A), if defendant provides proof that their license was valid at the time of the citation, or if defendant shows proof that they obtained their license after the citation date, the charge may be dismissed with a $25.00 proof of correction fee. Payment in full is accepted over the counter.

g. When a citation is issued for VC § 4000(a), if defendant provides proof that their registration was valid at the time of the citation, or if defendant shows proof that they obtained their registration after the citation date, the charge may be dismissed with a $25.00 proof of correction fee. Payment in full is accepted over the counter.

4. Traffic School:

   a. The Clerk is to always grant traffic school, if eligible.

   b. Traffic school cannot be granted by a Clerk for defendants with more than three (3) infractions or one (1) misdemeanor on their driving record in the last two years, including traffic school dismissals. Traffic School would require judicial approval, either by personal appearance or by letter. If a defendant has a misdemeanor on their driving record that is over two years old, if eligible, traffic school may be granted.

   c. Requests for traffic school on a case with two traffic school eligible violations may be handled by the Clerk, either by personal appearance at the counter or through the mail. The Clerk has the authority to grant traffic school on both violations, provided the defendant is eligible. The Clerk shall charge the defendant the higher of the two fines plus the Court Security Assessment Fee, Criminal Conviction Assessment Fee, and the Emergency Maddy Assessment Transportation Fee on each violation including the traffic school fees. Upon receipt of fines, fees and certificate of completion, both violations will be dismissed with traffic school.

   d. Out-of-State Driver License: Upon request and if otherwise eligible, a defendant with an out-of-state driver license shall be granted traffic school.

   e. Community Service: VC § 42007 states bail associated with the citation, upon a Court’s order to grant Traffic School, shall become a fee. Therefore, the fee in a case resulting in Traffic School cannot be converted to Community Service.

   f. Request after Case is Forfeited and Paid in Full: Traffic School requests may be approved if eligible up to six months after the defendant forfeited bail and paid in full. If the time exceeds six months, the defendant is required to appear in court or send a letter if travel

Standing Order 2022-06 Page 2 of 5

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time is more than an hour away.

5. Extensions:

   a. General: A Clerk shall have the authority to grant one 30-day extension without judicial approval. Requests for extensions beyond 30 days shall require judicial approval.

   b. Traffic School: A Clerk shall have the authority to grant one 45-day extension on all Traffic School cases whether or not a court appearance was made. Request for extensions beyond 45-days shall require judicial approval.

6. Payment Plan:

   The Clerk has authority to set defendants up on a payment plan utilizing Plea by Mail instructions and forms through the mail or over the counter utilizing a Minute Order and plea form.

7. Not Guilty Plea:

A defendant may not enter a plea of not guilty on a misdemeanor citation through the mail or over the counter. The defendant must appear in court.

8. Post Bail Prior to Setting a Trial by Declaration:

   If a defendant enters a plea of not guilty and requests a Trial by Declaration, payment of bail may be submitted at the time the declaration is submitted. Otherwise, the Court will notify the defendant of the date their payment is due. When a defendant posts bail for a trial by declaration, the money is placed in Trust.

9. Switch of Proceedings:

A defendant may request a switch of proceedings from Court Trial to Trial by Declaration or Trial by Declaration to Court Trial one (1) time. Any additional changes must be submitted in writing and will require judicial approval.

10. Request for Owner's Responsibility – CHP Form 279:

The Clerk has authority to accept and change case to an owner's responsibility.

11. Community Service – Juvenile Matters:

Upon request of the minor, or as ordered by the Court, the minor may be granted community service.

The minor must appear in court as scheduled (1st Thursday of each month at 1:30 p.m.). Fines are converted as required by Penal Code section 1209.5(c)(1) at an hourly rate of double the minimum wage established in Labor Code section 1182.12(b)(2). The Clerk’s office is authorized to accept the completion of community service over the counter and vacate the future hearing date as long as no other matters are pending on the case.

Standing Order 2022-06 Page 3 of 5

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A minor charged with Health & Safety Code § 11357(b) must appear in court as scheduled to present proof of completion of community service.

12. Motions:

Any motion, including a “Motion to Set Aside Civil Assessment” shall be accepted and calendared directly in the Traffic Department.

Motions shall be placed on an arraignment calendar at least one week from the date received (cannot be accepted as a walk-in).

13. Court Trials for Retired/Unemployed/Transferred Officers:

Upon receipt or notification of an Officer's retirement or separation, the Clerk shall immediately inform the Traffic Supervisor. The Traffic Supervisor will contact the citing agency and obtain a written declaration confirming the retirement of the officer and his/her unavailability for Court Trial. If the officer has transferred to another agency, the Clerk shall obtain the officer’s new business address and update the case record.

Upon receipt of the written declaration, copies shall be distributed to the Court Trial desk, Supervisor, and Lead Clerk.

In Traffic cases involving accidents only, Local Form #MSC-TF-020 (a copy of which is attached as Attachment A) shall be sent to the District Attorney’s Office informing them that the matter is scheduled for Court Trial. A copy of the written declaration and the letter sent to the District Attorney’s Office shall be scanned in to the court’s case management system. The

case will remain on calendar for the scheduled Court Trial.

14. Trial by Declaration (TXD) for Retired/Unemployed/Transferred Officers:

Upon receipt or notification of an Officer's retirement or separation, the Clerk shall immediately inform the Traffic Supervisor. The Traffic Supervisor will contact the citing agency and obtain a written declaration confirming the retirement of the officer and his/her unavailability. If the officer has transferred to another agency, the Clerk shall obtain the officer’s new business address and update the case record.

Upon receipt of the written declaration, copies shall be distributed to the TXD desk, Supervisor, and Lead Clerk.

15. Requests for Copies of Minute Orders:

Requests for copies of minute orders should be handled by the Clerk that receives the request. The requesting party is to be charged for the copies appropriately. The current copy charge is $0.50 cents per page.

Standing Order 2022-06 Page 4 of 5

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16. Requests for Court Reporter:

The Clerk shall inform a party requesting a Court Reporter for any proceeding in a Traffic matter that the court is not required by law to provide a Court Reporter. In lieu of a Court Reporter, an electronic recording system is available for certain hearing types as specified by this court. A defendant who insists on the presence of a Court Reporter in any Traffic matter shall be informed that approval from a Judicial Officer is necessary (per Code of Civil Procedure § 269(a)(3)). Otherwise, a copy of the recorded procedure can be purchased by the party.

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

Attachment A: Local Form #MSC-TF-020, Letter to District Attorney

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

Standing Order 2022-06 Page 5 of 5

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.mercedcourt.org

Traffic Division

720 West 20th Street, Merced, CA 95340

Phone: (209) 725-4107 Fax: (209) 725-4106

Date:

Case Number:

Case Name:

To Merced County District Attorney:

The above referenced case is set for Court Trial on __________________ at _________ p.m. in Courtroom _______.

Officer _______________________________ has retired/is no longer employed with the citing agency.

Please be informed that this case involves a traffic collision. Therefore, civilian victims/witnesses should be subpoenaed to appear at the date and time shown above.

Amanda Toste, Court Executive Officer

By:

Printed Name Deputy Clerk

• 1 -

MSC-TF-020 Rev. Nov. 5, 2021

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2022-07

EFFECTIVE October 19, 2022

Standing Order 2022-07 is a revision of Standing Order 2019-01 dated January 11, 2019, and shall replace said standing order.

AUTHORIZED RATE FOR COMMUNITY SERVICE HOURS WORKED

Merced Superior Court authorizes community service for defendants charged with misdemeanors, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendant’s family, at the same rate as that set for defendants charged with infractions based on Penal Code § 1209.5.

The authorized rate is set at double the minimum wage, as established by Labor Code section 1182.12(b)(2).

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED JENNIFER O. TRIMBLE www.merced.courts.ca.gov PRESIDING JUDGE OF JUVENILE COURT 627 West 21st Street Merced CA 95340 TELEPHONE: (209) 725-4172 FAX: (209) 725-4108

STANDING ORDER #2022-08

EFFECTIVE November 15, 2022

Standing Order #2022-08 is a revision of Standing Order #2022-04 dated July 1, 2022 and shall replace said Standing Order.

WELFARE AND INSTITUTIONS CODE § 709 PROCEDURES: JUVENILE COMPETENCY PROTOCOL

Under the authority of Welfare and Institutions Code § 709, the Competency Protocol attached

hereto is adopted by the Merced County Juvenile Court. All parties, attorneys, agencies and organizations appearing before the Merced County Juvenile Court shall comply with the provisions of the Competency Protocol. In the event the provisions of the Competency Protocol conflict with the Welfare and Institutions Code or California Rules of Court, the statutory or rule provisions shall control.

This Standing Order is effective July 1, 2022. This Order shall continue unless modified or

rescinded by a later Standing Order. The Juvenile Presiding Judge will review substantive proposed revisions and determine if stakeholder comment is required. Non-substantial revisions to the protocol may be approved by the Juvenile Presiding Judge without seeking comment from stakeholders.

JENNIFER O. TRIMBLE

PRESIDING JUDGE OF THE MERCED COUNTY JUVENILE COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors Kimberly Lewis, Merced District Attorney Vincent Andrade, Merced Public Defender Douglas Foster, Fitzgerald, Alvarez & Ciummo Law Forrest W. Hansen, Merced County Counsel Kalisa Rochester, Merced County Probation Genevieve G. Valentine, Behavioral Health & Recovery Services Ed Araim Central Valley Regional Center

3DJH RI

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED JENNIFER O. TRIMBLE www.merced.courts.ca.gov PRESIDING JUDGE OF JUVENILE COURT 627 West 21st Street Merced CA 95340 TELEPHONE: (209) 725-4172 FAX: (209) 725-4108

STANDING ORDER #2022-08

EFFECTIVE November 15, 2022

Merced County Juvenile Competency Protocol WIC 709

3DJH RI
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TABLE OF CONTENTS

Title Page

A. Introduction............................................................................................................................ 3

B. Informal Resolution ......................................................................................................... 3

C. Initiation of Competency Proceedings ............................................................................ 3

D. Evaluation Process ........................................................................................................... 4

E. Competency Hearings ..................................................................................................... 6

F. Services for Attainment of Competency ................................................................................ 7

G. Attainment of Competence ............................................................................................................ 8

H. Competency Attainment Hearing ........................................................................................................... 9

I. Secure Confinement During Competency Proceedings ................................................ 10

J. General Provisions ................................................................................................................ 10

ATTACHMENTS:

Attachment A: Letter to Expert for Evaluation or Reevaluation

Attachment B: 709 Exchange of Confidential Information

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A. Introduction The purpose of this protocol is to comply with Welfare and Institutions Code, Section 709,1 and to provide guidance when statutes and rules of court are silent with respect to the procedures to be followed when addressing juvenile competency issues under Section 709. This protocol has been developed with input from juvenile justice stakeholders in Merced County, as required per Section 709(i).

B. Informal Resolution

Initiating and conducting competency to stand trial proceedings in cases involving relatively non-serious alleged delinquent conduct may be contrary to efforts to rehabilitate minors and protect public safety. Therefore, in cases where the parties share a good faith belief that a doubt exists as to the competence of the minor,2 the parties are encouraged to explore the possibility of an informal resolution of the case which does not require an adjudication of the pending petition. For example, the parties might agree, with the permission of the court, to refer the minor to a community-based program designed to address the alleged delinquent conduct. Upon successful completion of the program, the petition might be dismissed pursuant to Section 782. Although informal resolutions are agreements between the parties (the minor and the District Attorney), the probation department should play a role in identifying appropriate community- based services, such as mental health treatment services, which may support the implementation of such an informal resolution. When appropriate, parties are encouraged to consider requesting a consultation with the Juvenile Behavioral Health Court before proceeding with competency proceedings.

C. Initiation of Competency Proceedings ,I PLQRU¶V FRXQVHO RU WKH FRXUW H[SUHVVHV D GRXEW DV WR WKH FRPSHWHQFH RI WKH PLQRU WKH FRXUW

ZLOO GHWHUPLQH ZKHWKHU VXEVWDQWLDO HYLGHQFH UDLVHV D GRXEW DV WR WKH PLQRU¶V FRPSHWHQFH 8SRQ WKH FRXUW¶V ILQGLQJ RI VXEVWDQWLDO HYLGHQFH RI D GRXEW DV WR WKH PLQRU¶V FRPSHWHQFH SURFHHGLQJV as to the minor shall be suspended.3

1. Upon suspension of the proceedings, unless the parties stipulate to a finding of incompetence or submit on the issue, the court shall appoint an expert psychologist RU SV\FKLDWULVW ³H[SHUW´ ZKR LV TXDOLILHG WR UHQGHU DQ RSLQLRQ DV WR WKH PLQRU¶V competence,4 WR HYDOXDWH WKH PLQRU DQG H[SUHVV DQ RSLQLRQ DV WR WKH PLQRU¶V competence.5 a. VHUYH DV MXYHQLOH FRPSHWHQF\ H[SHUWV ³WKH SDQHO´ 7KH FRXUW VKDOO DQQXDOO
   review the experts on the panel to confirm their qualifications and availability to render opinions as requested. The review must be completed by January 31st. b. $WWDFKPHQW ³$´ KHUHWR LV WKH IRUP WR EH XVHG LQ appointing an expert for evaluation of the minor.

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c. Nothing in this Section shall be interpreted to preclude any party from engaging the services of other experts to consult with counsel and/or testify regarding issues pertaining to the competence of the minor. However, this does not allow a qualified expert retained or appointed by the DA to perform a competency evaluation on a minor without an order from the juvenile court.

2. Upon suspension of proceedings, the court shall set the matter for a Competency Determination Hearing.

   a. The Competency Determination Hearing shall be set as soon as reasonably practicable, consistent with the principles of due process and the goal of resolving juvenile delinquency expeditiously, generally within 15 court days for in-custody matters or 30 court days for out-of-custody matters.

   b. The court may exercise its discretion to continue the Competency Determination Hearing consistent with principles of due process and applicable statutes

D. Evaluation Process. 1. 7KH PLQRU¶V Founsel will coordinate the evaluation process, including ensuring the interviews of the minor are scheduled in a timely fashion, and providing to the expert documents such as any social history information, school records, mental health information, juvenile hall incident reports, etc. that may have been completed IRU WKH PLQRU 7KH PLQRU¶V FRXQVHO LV WR SURYLGH WKHVH GRFXPHQWV WR WKH H[SHUW within 10 court days of the Competency Hearing order if the minor is in custody. 7KH PLQRU¶V FRXQVHO LV WR SURYLGH WKese documents to the expert within 20 calendar GD\V LI WKH PLQRU LV RXW RI FXVWRG\ 7KH PLQRU¶V FRXQVHO VKDOO LWHPL]H WKH information forwarded to the expert and supply the expert with the itemized form. Probation, Behavioral Health and the Office of Education are to cooperate with PLQRU¶V FRXQVHO E\ H[SHGLWLRXVO\ SURYLGLQJ WKH QHFHVVDU\ GRFXPHQWV

2. The District Attorney (DA) will forward copies of all charging documents, police reports (present or past crimes), or any other information the DA may deem to be QHFHVVDU\ RU UHOHYDQW WR WKH PLQRU¶V DOOHJHG GHOLQTXHQW EHKDYLRU WR WKH H[SHUW within ten court days of the Competency Hearing order. The DA shall itemize the information forwarded to the expert and supply the expert with the itemized form.

3. The expert shDOO FRQVXOW ZLWK WKH PLQRU¶V FRXQVHO DQG DQ\ RWKHU SHUVon who has SURYLGHG LQIRUPDWLRQ WR WKH FRXUW UHJDUGLQJ WKH PLQRU¶V ODFN RI FRPSHWHQF\ 6

4. Should the minor be detained at a Merced County juvenile detention facility, probation shall assist with coordination of the abovementioned interview.

5. If the above interview is conducted at a Merced County juvenile detention facility, probation shall only be present in the interview room if there are safety concerns. 6. If the expert is of the opinion that the minor is not competent, then the expert shall express opinions as to the following: a. Specify the basis of incompetence: mental illness, mental disorder,

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developmental disability or immaturity;7

b. What services does the expert believe might be furnished to the minor to assist the minor in attaining competency?

c. Is there a substantial probability that the minor will attain competency in the foreseeable future?

d. If the expert believes there is a substantial probability the minor will attain competency in the foreseeable future, how long would be a reasonable amount of time to wait before making the determination of whether there might be a substantial probability the minor will attain competence?

e. If any information is unavailable to the expert, he or she shall note in the report the efforts made to obtain that information.8

7. 7KH H[SHUW VKDOO IXUQLVK D UHSRUW FRPSO\LQJ ZLWK WKH FRXUW¶V RUGHU RI DSSRLQWPHQW to the court no less than two court days prior to the scheduled Competency Determination Hearing. The court will provide copies of the report to counsel and probation no less than one court day prior to the scheduled Competency Determination Hearing.

8. ,I WKH H[SHUW ILQGV WKDW WKH PLQRU LV ³GHYHORSPHQWDOO\ GLVDEOHG ´ WKHQ UHJDUGOHVV RI WKH HYDOXDWRU¶V RSLQLRQ ZLWK UHVSHFW WR WKH PLQRU¶V FRPSHWHQFH WKH FRXUW VKDOO DSSRLQW WKH ³GLUHFWRU RI D UHJLRQDO FHQWHU IRU GHYHORSPHQWDOO\ GLVDEOHG LQGLYLGXDOV´ to evaluate the minor for the purpose of determining whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act.9

   a. Notwithstanding the time frames for assessments by a regional center as provided in Section 4643, the Central Valley Regional Center will endeavor, consistent with available resources, to expedite the completion of all court ordered assessments in order to accomplish the goals of this protocol.

   b. When a referral is made to the Central Valley Regional Center, the court clerk shall furnish copies of the related minute order to the Central Valley Regional Center within two court days. c. 7KH '$ DQG WKH PLQRU¶V FRXQVHO VKDOO IRUZDUG DOO PDWHULDO IXUQLVKHG WR WKH expert to the Central Valley Regional Center within two court days.

   d. The Court will set a court date for the returned report within 45 to 60 days and the Central Valley Regional Center is to provide an update as to their progress of assessment and provide its report to the court as soon as completed.10

   e. The court will provide copies of the report to counsel and probation.

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E. Competency Hearings11

1. If the court deems the evaluation received from the expert does not contain sufficient information, the evaluation is to be returned to the expert for further consideration. 7KH H[SHUW VKDOO IXUQLVK WKH DPHQGHG UHSRUW FRPSO\LQJ ZLWK WKH FRXUW¶V RUGHU RI appointment to the court, no less than two court days prior to the next scheduled Competency Determination Hearing.

2. The court will provide copies of the amended report to counsel, no less than one court day prior to the next scheduled Competency Determination Hearing.

3. 8QOHVV RWKHUZLVH RUGHUHG E\ WKH FRXUW DOO PDWHULDO IXUQLVKHG E\ WKH '$ DQG PLQRU¶V counsel to the expert shall be discoverable to all parties.

4. If the minor, through counsel and the DA, agree that the court may make a GHWHUPLQDWLRQ DV WR WKH PLQRU¶V FRPSHWHQF\ EDVHG VROHO\ XSRQ WKH FRQWHQWV RI WKH HYDOXDWRU¶V UHSRUW DQG DUJXPHQWV PDGH E\ FRXQVHO WKHQ WKH FRXUW PD\ SURFHHG WR determine competency at the Competency Determination Hearing without receiving further evidence.

5. If either party wishes to present evidence in addition to that contained in the HYDOXDWRU¶V UHSRUW WKHQ WKH FRXUW VKDOO VHW DQRWKHU &RPSHWHQF\ 'HWHUPLQDWLRQ Hearing as soon as reasonably practicable, consistent with the principles of due process and the goal of resolving juvenile delinquency expeditiously, generally within 15 court days for in-custody matters or 30 court days for out-of-custody matters. The hearing shall be scheduled in light of the needs of the parties to have sufficient time to procure the additional evidence, such as the time reasonably required to subpoena documents and witnesses.

6. If, after concluding the Competency Determination Hearing, the court finds by a preponderance of the evidence that the minor is not competent, then the underlying delinquency proceedings shall remain suspended, and the court may make appropriate orders designed to assist the minor in attaining competence.12

7. If minor is under 14 years old at the time of the alleged incident, the court shall PDNH D GHWHUPLQDWLRQ DV WR WKH PLQRU¶V FDSDFLW\13 prior to deciding the issue of competence.14

8. If the petition contains only misdemeanor offenses and the minor is found incompetent, then the court shall dismiss the petition.15

9. If the court finds the minor not competent, a written copy of all discoverable PDWHULDO VKDOO EH IRUZDUGHG E\ WKH '$ DQG WKH PLQRU¶V FRXQVHO WR SUREDWLRQ ZLWKLQ two court days of the latest Competency Hearing. a. 7KH PLQRU¶V FRXQsel is to utilize the Authorization to Exchange Confidential ,QIRUPDWLRQ IRUP $WWDFKPHQW ³%´ WR REWDLQ VLJQDWXUHV IURP WKH PLQRU DQG his or her parents or guardian and send a copy to probation.

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10. If, after concluding the Competency Determination Hearing, the court finds that the minor is competent, then the underlying delinquency proceedings shall be reinstated.

    F. Services for Attainment of Competency.

    1. If the minor is found incompetent and the court orders that the minor receive
    services to assist the minor in attaining competence, then the guidelines in this
    Section apply.

    2. If the court deems it appropriate in light of the opinions expressed by the evaluator,
    and if the minor qualifies, the court will appoint the Department of Behavioral
    Health to provide competency attainment services.

    3. If appointment of the Department of Behavioral Health is not appropriate or if the
    PLQRU GRHV QRW TXDOLI\ IRU VHUYLFHV WKH FRXUW ZLOO UHIHU WKH PLQRU¶V FDVH WR WKH
    Merced County Probation Department.

    a. Probation will be responsible for making recommendations to the court
    regarding what competency attainment services should be provided to the
    minor in light of the opinions expressed by the evaluator.

    b. Probation will be responsible for developing a plan for providing the
    recommended competency attainment services to the minor.

    c. Services shall be provided in the least restrictive environment consistent
    with public safety.16

    d. Probation will be responsible for implementing the orders of the court
    regarding delivering competency attainment services to the minor as
    outlined below:

    i. If in the opinion of the expert the minor needs developmental
    maturity training, then the minor shall be provided with a
    developmental maturity training coordinated by probation.

    ii. If in the opinion of the expert the minor has developmental
    disabilities, then the case shall be referred to the Central Valley
    Regional Center to determine eligibility for services.17

    iii. If in the opinion of the expert the minor has mental health concerns,
    probation will find a program that shall ensure appropriate mental
    health treatment services are offered to the minor.

    iv. If in the opinion of the expert the minor has educational concerns,
    then the Merced County Office of Education shall ensure appropriate
    recommendations for educational services are made to probation and
    probation will make the recommendations to the court.

    v. If it is determined the youth has private insurance, probation will
    ensure proper referrals are provided.

e. The parties will cooperate with the work of probation.

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f. Probation will prepare a report and submit it to the court and parties in a timely manner.

4. At the time the case is referred to probation or Department of Behavioral Health, the court will set a Competency Attainment Plan Hearing for the purpose of considering the recommendations of probation and the parties and then making orders with respect to providing such services to the minor.

5. Once the court has ordered remediation services, the court shall review the remediation services at least every 30 calendar days for minors in custody and every 45 calendar days for minors out of custody prior to the expiration of the remediation period.

6. If during the remediation service period the youth is in custody, the Department of Behavioral Health shall provide the court with suitable alternatives for continued delivery of remediation services upon release from custody.18

7. The court may exercise its discretion to set or continue the Competency Attainment Plan Hearing to a date other than those specified above.

8. The parties may offer additional evidence to the court regarding the proposed plan.

9. At the conclusion of the hearing, the court may make orders that the minor receive services designed to assist the minor in attaining competence.

10. Probation, the Department of Behavioral Health, or any other entity that is providing competency attainment services, will furnish to the court and counsel a report to be considered at the Competency Attainment Plan Review Hearing.

    a. The report(s) will be provided to t h e court no less than two court days prior to the hearing. The court will provide a copy to the parties and probation no less than one court day before the hearing.

    b. The report will provide information regarding the services that have been provided to the minor and the extent to which the services are being effective in assisting the minor in attaining competence. The report will include any suggestions regarding modifying the competency attainment services plan previously ordered by the court.

    c. The report will be considered at the Competency Attainment Plan Review Hearing and the court will make further orders at the conclusion of the hearing, including, without limitation, orders setting a subsequent review hearing, orders to implement the services plan, orders to modify the services plan, orders regarding reassessing the competency of the minor as described below, or orders terminating the services plan and dismissing the case.

G. Attainment of Competence.

1. If at any time the court is of the opinion that the minor may have attained competence, the court will refer the minor to an expert as described in Section C above who will be directed to reevaluate the minor to determine whether the minor has attained competence.

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a. $WWDFKPHQW ³$´ KHUHWR is the form to be used in appointing an expert for reevaluation of the minor.

b. If practicable, the minor should be reevaluated by an expert who has previously evaluated the minor.

c. The probation department will furnish the expert with all the relevant information for the case, including information received from the DA and PLQRU¶V FRXQVHO DQG WKH H[SHUW UHSRUWV UHJDUGLQJ WKH FRPSHWHQF\ DWWDLQPHQW services that have been provided to the minor.

d. The expert shall render an opinion regarding whether the minor has attained competency. In addition, if the minor has not attained competency, then the expert shall also offer opinions on whether additional or different services might be effective in assisting the minor in attaining competency and whether there is a substantial probability that the minor will attain competency within the foreseeable future. If the expert believes it is premature to determine whether there is a substantial probability that the minor will attain competence within the foreseeable future, then the expert shall, if possible, express an opinion as to the amount of time reasonably necessary to make such a determination.

2. At the time the referral is made as described above, the court will set a Competency Attainment Hearing within 30 court days for in-custody matters or 45 court days for out-of-custody matters.

H. Competency Attainment Hearing.

1. A Competency Attainment Hearing will be conducted as described above after the minor has received services, within six months of the initial receipt of a recommendation.19

2. The expert who has reevaluated the minor shall furnish a report, including the opinions, as described above, to the court no less than two court days before the hearing and the court will provide the report to probation and all parties no less than one court day before the hearing.

3. The procedures to be followed in conducting the Competency Attainment Hearing shall be the same as those provided above for the Competency Determination Hearing.

4. If the court finds that the minor has attained competence, then the pending delinquency proceedings shall be reinstated.

5. If the minor has not attained competence, then the court will make appropriate orders which may include ordering additional services while the proceedings remain suspended.

6. If the minor has not attained competence and the court determines that there is no substantial probability that competence will be attained in the foreseeable future as defined within the statute, then the court shall dismiss the petition as required by Section 709. The court may refer the minor for mental health treatment services,

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guardianship services, and/or other services that may be available under the law.20

7. The total remediation period shall not exceed one year from the finding of
incompetency.21

8. The parties should make recommendations to the court regarding appropriate further
orders if a petition is dismissed because attainment of competence is not
foreseeable.

I. Secure Confinement During Competency Proceedings

1. Secure confinement cannot exceed six (6) months from the finding of incompetence,
XQOHVV WKH FRXUW GHWHUPLQHV WKDW LW LV LQ WKH EHVW LQWHUHVWV RI WKH PLQRU DQG WKH SXEOLF¶V
safety. In making this determination, the court shall consider the following (Section
709(h)(5)(A)):

a. Where the minor will have the best change of obtaining competence

b. Whether the placement is the least restrictive setting appropriate for the
minor

c. Whether alternatives to secure conferment have been identified and pursued
as well as why alternatives are not available or appropriate

d. Whether the placement is necessary for the safety of the minor or others

2. In cases where a detained minor is charged with an offense described in WIC 707(b),
WKH FRXUW PD\ FRQWLQXH WKH PLQRU¶V GHWHQWLRQ IRU DQ DGGLWLRQDO \HDU EXW not to
exceed 18 months from the finding of incompetence, after the court has considered
the above criteria, and determined that it is in the best interest of the minor and the
SXEOLF¶V VDIHW\ WKDW WKH PLQRU UHPDLQ GHWDLQHG 6HFWLRQ K &

J. General Provisions

1. The provisions in this protocol are not intended to create rights or obligations
beyond those imposed by applicable law. They are intended only to provide
guidance and to support the goals of the juvenile justice system, which include the
prompt resolution of competency issues.
2. 6WDWHPHQWV PDGH WR WKH DSSRLQWHG H[SHUW GXULQJ WKH PLQRU¶V FRPSHWHQF\ HYDOXDWLRQ
statements made by the minor to mental health professionals during the remediation
proceedings, and any fruits of those statements shall not be used in any other hearing
against the minor in either juvenile or adult court.22

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2023-01

EFFECTIVE MAY 2, 2023

REQUESTS FROM LAW ENFORCEMENT FOR DESTRUCTION, DISPOSITION, OR RETURN OF SEIZED PROPERTY

The purpose of this standing order is to promote consistency in the requests for destruction or return of property by law enforcement. This standing order only applies to requests from a law enforcement agency to destroy, return, or otherwise dispose of property in its possession. These are usually blanket requests related to seized property being stored by law enforcement. Each request generally involves property related to a number of cases or incidents. The requests sometimes relate to property seized pursuant to a warrant where no case was filed.

Note: If an agency is making a request for return of property related to a specific Superior Court case, the request is to be filed in that case, using the case number and caption.

Procedural Requirements:

• Each request must consist of an application, supporting evidence (usually in the form of a sworn declaration), and a proposed order.

• The application, declaration, and proposed order should be captioned, “In re the [destruction, return, etc.] of [basic description of the evidence (i.e., controlled substances, property seized pursuant to warrant, etc.)] in the possession of [agency name],” UNLESS the request is specific to a case, then use the proper caption for that case, “People v. [defendant].”

• The proposed order must be a standalone document and may not be combined with or be a continuation of any other document.

• The proposed order must have a proper caption and a line where the Criminal Presiding Judge can sign.

• If the declaration references any exhibits, those exhibits should be attached to the declaration.

• Any attached exhibits referencing the evidence sought to be disposed of should have numbered lines.

• Each proposed order must have attached to it a list of the property sought to be destroyed, returned, etc.

This is the first order of 2023; the last standing order was 2022-08.

Standing Order #2023-01 Page 1 of 2

61 of 70

Legal Requirements:

• The application must provide the code section or other legal authority that supports the proposed disposition of each piece of property. It is not sufficient to provide a laundry list of statutes.

• Each application must be supported by proper admissible evidence, usually in the form of a declaration.

• Each declaration must state the reason for the request to destroy, return, or otherwise dispose of property in its possession.

• Each declaration must be specific and must comply with CCP § 2015.5.

• Each declaration must be specific enough that the Court can determine exactly which statutory authority applies to and supports the disposition of each item of property.

• If the declaration provides that a case was adjudicated, there must be a Superior Court case number provided for each item of evidence allegedly associated with an adjudicated case.

• If items were seized pursuant to a search warrant, the warrant number and a copy of the warrant must be included.

• The exact proposed disposition of each item of evidence listed in a request must be provided. It is insufficient to state that the items will be destroyed, disposed of, or released.

• If items of property are sought to be returned, the declaration must be specific as to whom the items will be returned.

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Gustine Police Department Amanda Toste, CEO Livingston Police Department All Staff Attorneys Los Banos Police Department All Managers and Supervisors Merced College Police Department Atwater Police Department Merced County District Attorney’s Office CA Department of Fish and Wildlife Merced County Sheriff’s Office California Highway Patrol—Los Banos Merced Police Department California Highway Patrol—Merced UC Merced Police Department Dos Palos Police Department

This is the first order of 2023; the last standing order was 2022-08.

Standing Order #2023-01 Page 2 of 2

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED MARK V. BACCIARINI 627 W. 21st Street PRESIDING JUDGE Merced, CA 95340

STANDING ORDER #2024-01

EFFECTIVE

MARCH 21, 2024

DISCONTINUING THE IMPOSITION OF CIVIL ASSESSMENTS UPON FAILURE TO APPEAR OR FAILURE TO PAY

Pursuant to Assembly Bill 199, effective July 1, 2022, the maximum civil assessment

amount that can be imposed was reduced from $300 to $100, and all outstanding civil assessment debt as of June 30, 2022, was abolished. Effective July 1, 2022, the Superior Court, County of Merced began imposing civil assessments at the reduced amount of $100 as authorized by California Penal Code § 1214.1.

Effective July 1, 2023, the Superior Court of California, County of Merced discontinued

imposing civil assessments in each eligible case in which a defendant has failed to appear or failed to pay.

Subject to ongoing statutory authority, judicial discretion to impose a civil assessment

remains.

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov MARK V. BACCIARINI PRESIDING JUDGE 627 West 21st Street Merced CA 95340

STANDING ORDER #2024-02

EFFECTIVE

MAY 21, 2024

SETTING ASIDE CERTAIN OUTSTANDING CIVIL ASSESSMENT DEBTS IMPOSED FOR FAILURE TO APPEAR OR FAILURE TO PAY

Pursuant to Assembly Bill 199, effective July 1, 2022, the maximum civil assessment that can be imposed was reduced from $300 to $100, and all outstanding civil assessment debt as of June 30, 2022, was abolished. Effective July 1, 2022, the Superior Court of California, County of Merced began imposing civil assessments at the reduced amount of $100 as authorized pursuant to Penal Code section 1214.1.

BY THIS ORDER, effective May 21, 2024, all outstanding debt from civil assessments imposed between July 1, 2022, and June 30, 2023, is abolished.

Subject to ongoing statutory authority, judicial discretion to impose civil assessments remains.

MARK V. BACCIARINI

PRESIDING JUDGE OF THE SUPERIOR COURT

cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

Standing Order 2024-2 Page 1 of 1

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov PAUL LO PRESIDING JUDGE 627 West 2151 Street Merced CA 95340

ST ANDING ORDER #2025-01

EFFECTIVE March 3, 2025

ELECTRONIC SERVICE OF DOCUMENTS BY THE COURT

In order to comply with the amendment to California Code of Civil Procedure section 1010.6(d), effective July 1, 2024, the Court hereby orders as follows:

Consistent with California Rules of Court, Rule 2.251 (c ), each represented party must furnish that party's electronic service address ("E-Service address) on the first occasion that the party electronically files any paper. Each party can have only one E-Service address in each case. For purposes of electronic service, this E-Service address will be deemed proper for service subject to the provisions set forth in Code of Civil Procedure Section 1010.6(d).

A party whose E-Service address changes while the action or proceeding is pending must promptly electronically file a notice of change of E-Service address or Judicial Council Form EFS 010, Notice to Change Electronic Service Address, with the Court, and must serve this notice on all other parties or their attorney(s) ofrecord. An E-Service address is presumed valid for a party if the party electronically files documents with the court from that address and has not filed and served notice that the address is no longer valid. ~~?~+- ~AUL Lo cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors

Standing Order 2025-1 Page 1 of 1 65 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov PAUL LO PRESIDING JUDGE 627 West 21 Street Merced CA 95340 STANDING ORDER #2026-01 EFFECTIVE March 16, 2026 COURT APPOINTED SPECIAL ADVOCATES PROGRAM JUVENILE JUSTICE Court Appointed Special Advocates (CASA) of Merced County volunteers are appointed on behalf of children and only in juvenile proceedings. CASA serve at the pleasure of the Court having jurisdiction over the proceeding in which the CASA has been appointed. In general, a CASA’s functions are as follows:

1. Support the child throughout the Court proceedings.
2. Establish a relationship with the child to better understand the child’s needs.
3. Review available records.
4. Explain the CASA volunteer’s role, duties and responsibilities.
5. Communicate the child’s needs to the Court through written reports to the Court.
6. Attend Court hearings. In any action pursuant to Welfare and Institutions Code Sections 600 et seq. involving a youth declared as a ward, the Court may, in an appropriate case and in addition to any counsel appointed for a child, appoint a CASA to represent the best interests of the child who is the subject of the proceedings. A CASA is an officer of the Court and is bound by all Court rules. Each CASA shall be sworn in by a Superior Court Judge before beginning their duties. Specific Duties
7. Conduct an independent review, examine documents, interview persons with direct knowledge of the youth's and/or family's situation, and visit potential caregivers to formulate an objective understanding of what may be in the youth's best interests.
8. Request case conferences when necessary and participate in Child and Family or Multidisciplinary Team Meetings involving the youth in order to keep informed of the youth's status and to seek cooperative solutions whenever possible. Standing Order 2026-1 Pagelof4 66of70

3. Contact the Probation Placement Officer in advance to arrange a time to review the youth welfare records at the Probation Office, take notes, and make copies, if appropriate.
4. Monitor the case, visit and/or contact the youth (at least) twice a month, and determine whether the youth's needs are being met.
5. Help the youth understand the Court process as trained by Probation.
6. Communicate and coordinate efforts with the Probation Placement Officer to support the case plan and other Court-ordered services, including initiating and maintaining regular communications regarding: a. The youth's best interests, current status, and significant developments. b. Developing issues or concerns regarding the youth's placement. c. Compliance or non-compliance by parents, agencies, or others with the case plan and Court orders. d. Potential resources or suggested services to ensure youth safety, well-being, and permanency.
7. Advocate for the youth and needed services promptly. Once the Advocate receives the Order to Appoint, they have authorization to transport their assigned out of custody youth, as approved by Probation. If transporting across county lines, the Advocate must receive prior authorization from Probation.
8. Assist the Court in assuring that the best interests of the youth are being served at all times.
9. Attend Court hearings and submit a written report to the CASA Advocate Coordinator outlining the Advocate's findings and recommendations at least fifteen (15) days prior to the hearing. The CASA Advocate Coordinator will file the report with the Court at least ten (10) days before the hearing.
10. Provide Probation with timely copies of reports generated by CASA by placing the reports in the designated Probation box in the Court Clerk's Office with the Probation Placement Officer's name noted on the top of the report.
11. Remain actively involved in the case until formally discharged by the Court.
12. Refrain from providing case management or direct services to the youth or family.
13. Make an immediate mandated report directly to Child Protective Services (CPS) Intake of unreported incidents of suspected youth abuse and follow up by providing a written Suspected Child Abuse form.
14. A CASA volunteer shall serve under the guidance and supervision of the Merced County CASA program staff and is expected to comply with operational policies and procedures approved by the program’s Board of Directors, Sections 100 through 109 of the Welfare and Institutions Code, rule 5.655 of the California Rules of Court, and any and all Judicial Council guidelines, Local Rules of Court , and the provisions of any agreement entered into by the Merced County CASA program with the Juvenile Court. Appeal and Grievance Procedures
15. A CASA volunteer serves at the pleasure of the Court, the appointment is a privilege and not a right. The Judicial Officer presiding over the Juvenile Justice Court or their designee has the sole authority and power to appoint and/or remove a CASA to or from a case. There is no appeal process from the Court’s decision. Standing Order 2026-1 Page2of4 67 0f70

2. The Merced County CASA Program has established an internal process for the submission and investigation of grievances which process shall be followed. Appointment of a CASA Advocate When a CASA Advocate is appointed on behalf of the youth, the Court will make specific orders regarding CASA's ability to view and copy records from relevant agencies, including the Court's records and those of Probation. Once the Judicial Officer signs the Order of Appointment, a copy of the order will be provided by the COURT to all parties of record and their counsel. A copy of the order will be provided to CASA and the youth's caregiver such as but not limited to: Resource Family Approval (RFA) home, Short-Term Residential Therapeutic Program (STRTP), Non-Relative Extended Family Member (NREFM), Foster Family Agency (FFA), or Transitional Housing Program (THP). Priorities for Case Referral
3. All youth declared as wards who have been removed from the home or are at imminent risk of being removed from the home.
4. Youth with unique medical, mental health, educational, developmental, or other special needs who have been declared as wards who have been removed from or are at imminent risk of being removed from the home. Right to Timely Notice and Right to Appear, Calendar Priority for Advocates
5. The CASA shall be properly and timely noticed for all proceedings held in cases to which the CASA has been appointed.
6. The CASA has the right to be personally present at all hearings and to be heard at all Court hearings.
7. Subject to the Court’s discretion, the CASA shall have the right to participate in any chambers conferences which are held in the proceedings to which the CASA has been appointed.
8. In light of the fact that CASAs are rendering a voluntary service to the children and the Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. Access to Records
9. Allinformation concerning children and families in the Juvenile Court process is confidential. ACASA shall not give case information to anyone other than the Court, parties, their attorneys, and CASA staff. Any request for access to these records must be made to the Judicial Officer presiding over the Juvenile Justice Court through a Petition for Disclosure of Juvenile Court Records pursuant to Welfare and Institutions Code Section 827 (Form JV-570).
10. The child’s case file shall be maintained in the Merced County CASA office by a custodian of records. No one shall have access to that file except upon approval of the Executive Director of Merced County CASA.
11. A CASA volunteer’s personnel file is confidential. No one shall have access to the file or any of its contents except the volunteer, the Merced County CASA’s executive director (or their designee), and the Judicial Officer presiding over the Juvenile Justice Court. Parties to a proceeding may access the personnel records of a CASA volunteer appointed in that proceeding through use of the Court’s Standing Order 2026-1 Page 3 of 4 68 0f 70

subpoena power. All subpoenas are to be served on the CASA program’s executive director at the Merced County CASA program’s office. Filing And Distribution of Casa Court Reports A. In any case in which a CASA has been appointed by the Court and is now serving on that case, the CASA must file and serve written reports to the Court and on the parties and/or their counsel at least ten (10) calendar days before the hearings. The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing. B. Only parties and their counsel are entitled to receive copies of CASA reports prepared in connection with pending hearings. De facto parents are entitled to receive copies of CASA reports only if there is a Court order directing distribution of the report to the de facto parents. Relatives, foster parents, and service providers are not entitled to receive copies of CASA reports in the absence of a specific Court order. C. CASA Court reports shall be copied and distributed by CASA of Merced County staff. a ? _ ¢ | Ce

| PAUL Lo D ce: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors Standing Order 2026-1 Page 4 of 4 69 of 70

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED www.merced.courts.ca.gov 627 West 21° Street Merced CA 95340 PAUL LO PRESIDING JUDGE STANDING ORDER #2026-2 EFFECTIVE September 14, 2026 RULE 410: RULES GOVERNING CUSTODY AND VISITATION ISSUES Effective September 14, 2026, the Court is modifying the Local Rule 410 - Child Custody Recommending Counseling (CCRC) appointments as follows: All CCRC appointments for designated parties are held in person at the Charles James Ogletree Jr. Courthouse unless otherwise ordered by the court. Parties will no longer be contacted the day prior to the CCRC appointment for a reminder. \n LO cc: All Judicial Officers Amanda Toste, CEO All Staff Attorneys All Managers and Supervisors Standing Order 2026-2 Page 1 of 1 70 of 70