Kern — STO-24-0014

Source: https://www.kern.courts.ca.gov/system/files/forms-and-filings/court-standing-order-sto-24-0014.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

10

11 STO-24-0014 IN RE: USE OF MISDEMEANOR MISCELLANEOUS NO.: ARRAIGNMENT ADVISEMENT OF12 RIGHTS VIDEO

13

14 THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:

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

1B 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 In misdemeanor arraignment proceedings, the Court may collectively advise

those charged with misdemeanors of their constitutional rights when there is

23 assurance the announcement was heard and understood. (In re Johnson (1965) 62

24 Ca|.2d 325, 332, fn. 5, 336.) The record that the announcement was heard and

25 understood can be made by supplementing the collective warning by a written waiver

STANDING ORDER — USE OF MISDEMEANOR ARRAIGNMENT ADVISEMENT OF RIGHTS VIDEO Page 1

form, read and signed by the defendant, or a stenographic transcript. (Mills v.

Municipal Court (1973) 10 Ca|.3d 288, 307.)

A pivotal component of the misdemeanor arraignment process is informing

criminal defendants of their rights pre-arraignment, via an advisement of rights video,

which provides pre-recorded statements from a judicial officer and the public defender

that comprehensively inform misdemeanor defendants about their constitutional and

statutory rights, including the right to counsel. The current version of the Court's

advisement of rights video was recorded on or about October 24, 2023, and

distributed to all of the Court’s regional divisions as of November 3, 2023. In addition,

10 the presiding judicial officer, in the exercise of his or her discretion, makes an

11 appropriate record that misdemeanor defendants have heard and understood the

12 advisement of rights video before waiving any rights discussed therein. Furthermore,

13 while the presiding judicial officer maintains discretion to supplement the advisements

14 included in the Court‘s advisement of rights video, the presiding judge and/or his 0r

15 her designee may modify the advisement of rights video to reflect updates in the law,

16 as appropriate.

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

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

19 prepare a proposed local rule that further adopts this standing order. The Court

20 anticipates consideration and adoption of the local rule by July 1, 2025.

21 THIS ORDER IS EFFECTIVE IMMEDIATELY.

22

23 Dated: December <1 2024.

24

25 J. Eric Bradshaw Pesiding Judge Kern County Superior Court

STANDING ORDER — USE OF MISDEMEANOR ARRAIGNMENT ADVISEMENT OF RIGHTS VIDEO Page 2