San Bernardino — Dismissal or Closure of Infraction or Misdemeanor Case Due to Death of Defendant

Source: https://sanbernardino.courts.ca.gov/system/files/forms-filing/dismissalorclosureofinfractionormisdemeanorcaseduetodeathofdefendant.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT COUNTY OF SAN BERNARDINO 247 West Third Street, Eleventh Floor San Bernardino, CA 92415-0210 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO IN RE: GENERAL ORDER #G026-008 DISMISSAL OR CLOSURE OF GENERAL ORDER OF THE INFRACTION OR MISDEMEANOR CASE) PRESIDING JUDGE DUE TO DEATH OF DEFENDANT | ) In an effort to reduce judicial and clerical time used to process requests to dismiss or close cases based on official notice of the death of a defendant, it is hereby ordered that the Clerk’s Office dismiss open cases and close sentenced cases for misdemeanor and infraction matters. In addition, this general order shall allow the Clerk’s Office, where appropriate, to suspend fine or fee balances, terminate probation, exonerate and return bail bonds, vacate future hearings, and recall warrants. Pursuant to Penal Code section 1385, the Court finds that it is in the interest of justice to dismiss pending charges upon the death of the defendant. Pursuant to Pena Code section 1203.3, subdivision (a), the Court finds that it is in the interest of justice to revoke and terminate probation upon the death of the defendant. General Order: Dismissal or Closure of Infraction or Misdemeanor Case Due to Death of a Defendant -1-

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Clerk’s Office shall dismiss or close matters which it determines, from the records on file in the case and from any petition, meet the following criteria: 1) the Clerk’s Office has received official notice of the death of the defendant to include a certified copy, of a death certificate or, if submitted by a government agency identified in the Crimina Procedures Manual Death of Defendant Procedures, a copy of a death certificate or a copy of the “Death Master File”; 2) the case is a misdemeanor or infraction; 3) the case is not on appeal; and 4) victim restitution is not outstanding. The Clerk’s Office is ordered to verify that the defendant’s name and date of birth match the official notice of death of the defendant and that the above criteria are met before the cases are dismissed. Any variations shall be routed to a judicial officer for determination. This order is effective January 1, 2026, and supersedes all previous general orders entitled Dismissal or Closure of Infraction or Misdemeanor Case Due to Death of a Defendant, issued by previous Presiding Judges. This order shall remain in effect unti December 31, 2027. Dated this 1st day of January, 2026. Rod Cortez / Presiding Judge of the Superior Court General Order: Dismissal or Closure of Infraction or Misdemeanor Case Due to Death of a Defendant -2-