HomeMy WebLinkAbout72-69 - Urging Legislation on Criminal Justice of the California State BarRESOLUTION NO. 72-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, URGING ADOPTION OF LEGISLATION TO IMPLEMENT
CERTAIN RECOMMENDATIONS OF THE SPECIAL COMMITTEE ON CRIMINAL
JUSTICE OF THE STATE BAR OF CALIFORNIA.
WHEREAS, the State Bar Special Committee on Criminal Justice has
�— studied the California Judicial System and after extensive research has
recommended to the Board of Governors of the State Bar certain improvements
in the California Criminal Justice System; and
WHEREAS, the City Council feels that adoption of certain recommenda-
tions would improve the judicial process, provide for equal justice under
the law, and modernize and make more effective the California Judicial
System.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Costa Mesa, urges the California State Legislature to adopt appropriate
legislation, the Judicial Council to implement the recommendations, and
each judge to take action to improve the California Judicial System as
follows:
1. All pre-trial motions in felony cases handled in the Superior
Court should be consolidated in a single omnibus hearing with the right
to pre-trial appellate review.
2. A rule of court to provide for a mandatory pre-trial disposition
hearing (Plea bargaining).
3. (a) The Judicial Council should urge all judges to implement
and follow the provisions of Penal Code 1050 which requires:
"The welfare of the people of the State of California requires
that all proceedings in criminal cases shall be set for trial
and heard and determined at the earliest possible time, and
it shall be the duty of all courts and judicial officers and
of all prosecuting attorneys to expedite such proceedings to
the greatest degree that is consistent with the ends of justice
. No continuance of a criminal trial shall be granted
except upon affirmative proof in open court, upon reasonable
notice, that the ends of justice require a continuance . . . .
No continuance shall be granted for any longer time than it is
affirmatively proved the ends of justice require. Whenever
any continuance is granted, the facts proved which require the
continuance shall be entered upon the minutes of the court
or, in a justice court, upon the docket . . . . . It
BE IT FURTHER RESOLVED, that the California State Supervisors'
Association, the League of California Cities and the legislative bodies
of every city and county in California be requested to consider and adopt
a similar resolution urging implementation of the recommendations noted
above.
PASSED AND ADOPTED this 17th day of July, 1972.
1
r �
Mayor of the C ty of Costa Mesa
ATTEST:
City Clerk of the City ofC sta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 72-69 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on the
17th day of July, 1972.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 18th day of July, 1972.
City
Clerk and ex -officio
Clepy
of the
City
Council of the City
of
sta Mesa