Code of Civil Procedure Section 367.9 Working Group

Previous Meetings

• 2022 Code of Civil Procedure Section 367.9 Working Group

Chaired by Justice Marsha G. Slough, associate justice of the Court of Appeal, Fourth Appellate District, and current chair of the Ad Hoc Workgroup on Post-Pandemic Initiatives, the 25-member working group is comprised of judges, court executive officers, attorneys, court reporters, court interpreters, legal aid organizations, and court-appointed dependency counsel along with advisory staff from the Judicial Council, per the requirements of California Code of Civil Procedure section 367.9.

Download the Working Group Roster

• Hon. Marsha G. Slough, Chair, Associate Justice of the Court of Appeal, Fourth Appellate District
• Ms. Dorothy Alther, California Indian Legal Services
• Ms. Laura Beth Arnold, Chief Public Defender, Stanislaus County Public Defender's Office
• Mr. Saul Bercovitch, Director of Governmental Affairs, California Lawyers Association
• Hon. Rupert A. Byrdsong, Judge of the Superior Court of California, County of Los Angeles
• Ms. Sherri R. Carter, Court Executive Officer, Superior Court of California, County of Los Angeles
• Ms. Salena Copeland, Legal Aid Association of California
• Ms. Carolyn Dasher, SEIU 721
• Mr. Peter Stirling Doody, Attorney at Law, Higgs Fletcher & Mack LLP
• Hon. Danielle K. Douglas, Judge of the Superior Court of California, County of Contra Costa
• Mr. Oliver Dunlap, Attorney at Law, Bartko Zankel Bunzel & Miller
• Mr. Michael Fermin, Chief Assistant District Attorney, San Bernardino County District Attorney's Office
• Mr. Kevin Harrigan, Court Executive Officer, Superior Court of California, County of Tehama
• Ms. Leslie Starr Heimov, Executive Director, Children's Law Center Los Angeles
• Ms. Janet Hudec, Certified Court Interpreter, Superior Court of California, County of Madera
• Ms. Lynn Martinez, Disability Rights California
• Ms. Alyson M. Messenger, Managing Staff Attorney, Jenesse Center, Incorporated
• Hon. Ann C. Moorman, Judge of the Superior Court of California, County of Mendocino
• Ms. Gretchen Nelson, Attorney at Law, Nelson & Fraenkel LLP
• Mr. Tam "Tyler" T. Nguyen, Certified Court Interpreter, Superior Court of California, County of Sacramento
• Mr. Darrel E. Parker, Court Executive Officer, Superior Court of California, County of Santa Barbara
• Mr. Craig Michael Peters, Attorney at Law, Altair Law
• Ms. Aimee Skochko, California Court Reporters Association
• Ms. Robin Sunkees, Court Reporters Board of California
• Hon. Theodore C. Zayner, Presiding Judge of the Superior Court of California, County of Santa Clara

Judicial Council Staff to the Committee

• Ms. Shelley Curran, Chief Policy and Research Officer, Policy and Research Division, Judicial Council of California
• Ms. Michelle Brooke, Supervising Analyst, Leadership Support Services, Special Projects Unit, Judicial Council of California

Background

Assembly Bill 177 led to the enactment of section 367.9 of the Code of Civil Procedure, calling for the creation of the working group and for the submission of recommendations through a Judicial Council report. That bill also created section 367.8 of the code, which requires the Judicial Council to collect data on the number of civil proceedings conducted remotely, technology issues, and court users’ and court employees’ experience using remote technology.

Charge

To recommend a statewide framework for remote civil court proceedings that addresses equal and fair access to justice and to consider and make recommendations to the Legislature and Governor in the following areas, which may differ by case type or proceeding type:

(1) Court reporter availability and future workforce.

(2) Statewide procedural and technical guidelines to ensure court users receive the best possible levels of service and access.

(3) Case types and proceeding types for which remote proceedings are appropriate.

(4) Protocols for ensuring court users fully understand their options for accessing the court remotely.

(5) Whether changes are needed to existing laws protecting the accuracy of the official verbatim record and preserving parties’ rights to appeal.

(d) The Judicial Council shall submit a report with the working group’s recommendations to the Legislature and the Governor by January 1, 2023. The report shall be submitted in compliance with Section 9795 of the Government Code.