Description: The Traffic Advisory Committee proposes repealing California Rules of Court, rule 4.220 (Remote video proceedings in traffic infractions), and revoking the forms based on that rule, effective May 13, 2022. Penal Code section 1428.5, which became effective on January 1, 2022, authorizes remote proceedings for all infraction cases, and authorizes the council to adopt rules regarding such proceedings. Rule 4.220, adopted before the new Penal Code section, is more restrictive than permitted under the new statute and is inconsistent with how courts have conducted remote proceedings for infractions under emergency rules 3 and 5. Because those rules will sunset on June 20, 2022, if current rule 4.220 is not repealed before that date, it may restrict remote proceedings of infractions by requiring witnesses to testify at a designated public location only, and access to justice will be severely limited. As Judicial Council forms TR-500-INFO, TR-505, and TR-510 are based on rule 4.220, the committee recommends revoking them as well.

Category: Traffic

Item Number: SP22-05

Deadline: April 10, 2022

File: sp22-05.pdf