Kern — STO-24-0012

Source: https://www.kern.courts.ca.gov/system/files/forms-and-filings/court-standing-order-sto-24-0012.pdf

FILED KERN COUNTY SUPERIOR COURT 12/5/2024

BY _______________________Hinojosa, Ana DEPUTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF KERN

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11 STO-24-0012 IN RE: ROLE OF PROBATION MISCELLANEOUS NO.: OFFICERS AT MISDEMEANOR12 ARRAIGNMENTS

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14 THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:

15 This order is issued under the authority of California Rules of Court rule

16 10.603(a)(1), which authorizes the presiding judge to establish policies and allocate

17 resources in a manner which “promotes access to justice for all members of the

18 public, provides a forum for the fair and expeditious resolution of disputes, maximizes

19 the use of judicial and other resources, increases efficiency in court operations, and

20 enhances service to the public.” (Cal. Rules of Court, rule 10.603(a)(1).)

21 Effective September 18, 2023, the role of probation officers during

22 misdemeanor arraignments was clarified, pursuant to the directive of Assistant

23 Presiding Judge John Lua, as follows:

24 For misdemeanor arraignments going forward, the probation

25 officer will not convey offers to defendants from the Kern

1 STANDING ORDER - ROLE OF PROBATION OFFICERS AT MISDEMEANOR ARRAIGNMENTS Page

County District Attorney’s Office unless the offer is written

and referenced on the record. The probation officer will not

convey court indicated offers to defendants. Court indicated

offers will be made by the judicial officer presiding over the

calendar. Probation officers will assist the court with offers

and resolution where appropriate, which may include

discussing necessary terms and conditions with defendants.

Probation department personnel are not to determine, convey, and/or negotiate

plea offers for defendants charged with misdemeanors.

1O Pursuant to Code of Civil Procedure section 575.1, California Rules of Court,

11 rule 10.613, and Government Code section 68070, et seq., the Court intends to

12 prepare a proposed local rule that further adopts the September 18, 2023 directive

13 and this standing order. The Court anticipates consideration and adoption of the local

14 rule by July 1, 2025.

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16 THIS ORDER IS EFFECTIVE IMMEDIATELY.

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18 Dated: December 2024. é,

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20 J. EriE—Brmhaw, Presiding Judge Kern County Superior Court 21

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STANDING ORDER — ROLE OF PROBATION OFFICERS AT MISDEMEANOR ARRAIGNMENTS Page 2