Local Rules of Court San Francisco Superior Court Rule 16

Rule 16 - Criminal Division

16.0 Criminal Departments. The Presiding Judge must designate the departments to hear
criminal matters.
A. The criminal division of the Courts consists of the felony and misdemeanor trial
courts and the preliminary hearing courts.
B. The criminal division must include a master calendar department which must
assign all felony trial matters and such other criminal matters as the presiding
judge must direct.
C. The criminal division clerk’s office is located at the Hall of Justice, 850 Bryant
Street, San Francisco, California, Room 101.

16.1 General Proceedings

A. Court Sessions. The time for conducting sessions of the criminal
court departments will be established by the Presiding Judge.
B. Posting Calendars. Calendars for the criminal division departments are posted
outside of Room 101 and the calendar for each criminal division department is
posted outside such department.
C. Compliance. Compliance with the California Rules of Court, Local Rules of
Court, and applicable provisions of law is required.
D. Local Rules. A copy of the Local Rules of Court is on file in the criminal
division court clerk’s office and the traffic court clerk’s office and is available on
line at www.sfgov.org/courts.

16.2 Filings. All filings except writs must be made in Room 101. Writs must be filed in the
appropriate court pursuant to rule 16.11 and 16.12.

16.3 Continuances.
A. Counsel must consider trial dates to be fixed obligations and must be prepared to
commence trial when scheduled. No case will be continued without good cause
demonstrated in accordance with Penal Code §1050. Neither the convenience of
the parties nor a stipulation of the parties alone is good cause for a continuance.
B. If, on the date set for trial counsel is actually engaged in the trial of another case,
the case scheduled for trial will be continued from day to day until completion of
the trial of the other case or until the Court determines that trial should proceed.
C. Motions for continuances of trials or other matters must be made in writing and
noticed for hearing in felony cases: in the criminal division master calendar
department at 9:00 a.m on any court day and in misdemeanor cases and
preliminary hearing cases: in the assigned department in accordance with its
calendar procedures. Such motions must be supported by appropriate affidavits or
declarations, which must include the date the complaint and/or information was
filed, and the number of continuances previously granted and at whose request.
Oral motions for continuances will not be considered in the absence of
extraordinary circumstances.

16.4 Pretrial Conferences.

A. Policy of the Court. It is the policy of the Court to hold meaningful pretrial
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conferences for the purpose of facilitating the orderly disposition of cases, by trial
or otherwise. Accordingly, counsel are expected to prepare for and actively
participate in pretrial conferences.
B. Scheduling. A pretrial conference must be scheduled by the master calendar
department in every felony trial matter. Pretrial conferences may be scheduled in
any other case at the discretion of the Court to which the matter is assigned.
C. Matters to be Discussed. Counsel must be prepared at the pretrial conference to
discuss any matter relating to the disposition of the case, including but not limited
to, trial or hearing readiness, estimated length of the trial or hearing, identity of
anticipated witnesses and the substance of their testimony, special problems, and
whether a disposition without trial or hearing is feasible under the facts of the case
and the law.
D. Hearing on all motions. In order to facilitate meaningful pretrial conferences
and reduce unnecessary court appearances, all pretrial motions must be heard and
determined at the time of the pretrial conferences.

16.5 Jury Instructions. Jury instructions must be submitted in accordance with the
requirements set forth in CRC §2.1055 and §2.1050.

16.6 Transcripts in Criminal Proceedings. In any criminal proceeding where a defendant

or defendant’s counsel requests a transcript at court expense, the request must be submitted to the
judge before whom the matter was heard. The request must be accompanied by a declaration
under penalty of perjury indicating that the defendant is unable to pay for the cost of the
transcript, along with the legal reasons the transcript is necessary, as well as the proposed order
for production of the transcript.

In every case where a transcript is requested by a member of the Office of the Public Defender
the Court directs that the public defender must first seek funding from its own budget before
requesting a Court order for such funding at public expense. Further, if such funding is not
available from the budget of the Office of the Public Defender any request must comply with the
requirements set forth above and must show by declaration or affidavit that no such funding is
available. (See People v. Hayden, (1994) 22 Cal.App.4th 48, 56.)

16.7 Withdrawal as Attorney of Record. An attorney retained or appointed to represent a

client in a criminal proceeding must not be relieved from such representation except by order of
the Court either upon a timely motion or by the consent of the defendant.

16.8 Discovery.
A. Discovery Requests.
1. Discovery in criminal cases is governed by Penal Code §1054 et seq.
At the time of the defendant's first appearance on a felony trial or
misdemeanor trial matter, an informal mutual request for continuing
discovery is deemed to have been made. Disclosures required by Penal
Code §§1054.1 and 1054.3 shall be made not later than the pre-trial
conference.
2. Discovery material provided to the opposing side, including documents,
photographs, audio or video tape recordings, must be recorded in a receipt
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retained by the party providing the discovery and signed by the opposing
side, setting forth the specific items provided and the date they were
provided to the opposing side.
B. Motions to Compel Discovery.
1. Upon receipt of any written informal request, the receiving party must
respond by providing the information requested, or by specifying in
writing the items the party refuses or is unable to produce and the reason
for the refusal or inability, or by seeking a protective order.
2. A party may seek discovery by making a request, in compliance with
Penal Code §1054.5(b). The receiving party must respond by providing
the information requested, or by specifying in writing the items the party
is refusing or unable to produce. The response must specify the reason for
the refusal or inability to produce, or protective order sought.
3. A noticed motion brought in accordance with Local Rule 16.9 may be
made to compel discovery under Penal Code §1054.5(b). The motion
must be supported by a declaration by counsel, setting forth the previous
oral and written requests to obtain discovery, and specifying the items not
disclosed in response to requests.
C. Pitchess Motions – Evidence Code 1043. All motions for discovery of peace
officer personnel records pursuant to Evidence Code §1043 must conform to the
notice requirements of CCP §1005. The motions are calendared in Department
30 at 9 a.m.
D. Subpoenas Duces Tecum
1. Records obtained by subpoena duces tecum must be subpoenaed to the
Court. Records shall not be released to the parties without an in camera
examination or stipulation by the parties. A stipulation must specify what
records are being released.
2. Records subpoenaed by a defendant shall not be released to the
prosecution except by stipulation of defense counsel.

16.9 Motions.
A. Unless otherwise authorized by law, all pre-trial motions must be filed
within sufficient time to be heard and determined at the pre-trial
conference or they will be deemed waived.
B. Motions relating to pending information, indictments or misdemeanor
complaints and all supporting papers must be filed and served at least
15 calendar days before the date of the hearing, unless otherwise
required or authorized by law. All other motions and supporting
papers, including those relating to pending felony complaints, must be
filed and served at least 10 calendar days before the date of the
hearing, unless otherwise required or authorized by law. All papers
opposing the motion must be filed at least 5 calendar days and all
reply papers at least 2 Court days before the time appointed for
hearing, unless otherwise required or authorized by law. All filings
must include 2 courtesy copies.

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Below are filing deadlines for certain motions:

Penal Code §1538.5 motion to suppress

Motion at preliminary hearing 5 court days
Opposition 2 court days
Special hearing in felony 10 court days
Opposition 2 court days
Penal Code §995 motion to dismiss 15 calendar days
Motion to sever/consolidate 15 calendar days
Evidence Code §1043 (Pitchess) discovery 16 court days
Opposition 9 court days
Reply 5 court days
Motion to recuse counsel 10 court days
Motion to release on bail before sentencing 2 court days
Motion to release on bail after sentencing 5 court days
Motion to compel discovery 3 court days
Motion to continue 2 court days
Motion to recall bench warrant 2 court days
Motion to amend information or indictment 2 court days
Motion to modify probation 2 court days
Motion to substitute or withdraw as counsel 2 court days
Motion to declare a conflict 2 court days

C. All motions must be accompanied by supporting points and

Authorities that must include:
1. a brief statement of the facts and a specification of the charged offenses;
2. a statement of the issues involved in the motion; and
3. a clear and concise recitation of the authorities relied upon.
4. Where materials in the record of the case are relied upon, references
thereto must be specified. References to any transcribed proceeding must
designate the date and nature of the proceeding and cite the page and line
of the reference.
D. Points and authorities must not exceed 15 pages. On application, the Court may
permit additional pages upon good cause shown.
E. A copy of any document or pleading that is referenced in a motion, other than a
court transcript, must be attached to the motion.
F. To the extent practicable, multiple motions relating to the same case must be filed
and heard at the same time.
G. The form and format of all papers must comply with the California Rules of
Court. See especially CRC §§2.100-2.119, 3.1110-3.1113.

16.10 Penal Code §1538.5 Motions.

A. Motions pursuant to Penal Code §1538.5 must describe and list the specific items
of evidence which are the subject of the motion for the return of property or to
suppress as evidence; must specifically state the legal basis which will be relied
upon and urged for the return of property or suppression as evidence; and must
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cite the specific authority or authorities which will be offered in support of the
legal basis upon which the return of property or suppression as evidence is urged.
Motions presenting issues of fact must be supported by affidavits or declarations
which must set forth with particularity the material facts. Such affidavits and
declarations must set forth the factual basis that demonstrates why the motion
should be granted. Declarations must be based upon personal knowledge of the
declarant, or upon reports containing statements of persons with personal
knowledge that the declarant believes to be true. (See Penal Code §1538.5(a)(2).)
B. Upon a review of the pleadings and any affidavits or declarations from either side
presenting material issues of fact, the Court may rule upon the motion based upon
the pleadings, affidavits or declarations. If such pleadings, declarations or
affidavits raise no disputed material issue of fact, the Court may grant or deny the
motion without requiring either side to present any further evidence. The Court
may, if it determines it to be necessary, set a hearing to receive further evidence
on any issues of fact necessary to determine the motion.
C. If the motion relates to a warrantless search, the prosecution’s response must
include points and authorities concerning justification for the seizure and may
include affidavits or declarations on any material issue of fact raised by the
defendant’s affidavits or declarations.
D. Motions to suppress evidence in preliminary hearings must be filed and served in
accordance with the timelines specified in Penal Code §1538.5 (f) (2) and any
amendments thereto.
E. Harvey-Madden Notice. Whenever there is an issue in a motion with regards to
either: (1) People v. Harvey, (1958) 156 Cal. App. 2d 516, People v. Madden,
(1970) 2 Cal.3d 1017, and their progeny, or (2) the existence of an arrest warrant
(People v. Romanoski (1984) 157 Cal. App. 3d 353, 360), counsel must so
indicate in the notice of motion and the memorandum of points and authorities.
F. Motions to traverse must be brought before the judge or magistrate who signed
the search warrant that is the subject of the motion.
G. In the event the People file an opposition to a motion to suppress or motion to
traverse, the defense must file a reply to the opposition no later than two (2) Court
days prior to the hearing.

16.11 Writs of Habeas Corpus. Pursuant to CRC §4.552, petitions for writs of habeas corpus
must be filed and presented as follows:
A. Matters relating to all criminal proceedings must be presented to the judge of the
felony criminal division master calendar department.
B. Matters relating to the juvenile court must be presented to the supervising judge
of the family law division.

16.12 Writs Other Than Habeas Corpus. Petitions for writs in criminal proceedings, other
than habeas corpus, must be filed as follows:
A. Petitions for writs of mandate or prohibition in misdemeanor and infraction
cases must be filed in the appellate division of the Superior Court. [CCP §§ 1085,
1103]
B. Petitions for writs of mandate or prohibition in felony cases must be filed in
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the District Court of Appeal.

C. Petitions for writs of error coram nobis must be presented to the judge of the
felony criminal division master calendar department.

16.13 Criminal Division Master Calendar Arraignments. Upon conclusion of the

preliminary hearing for those persons held to answer, the matter will be certified to the criminal
division master calendar department.

16.14 Trial Calendar. The felony trial calendar for each week must be called in the courtroom
of the criminal division master calendar judge at 9:00 a.m each Friday and such other days and
times as such judge must designate with the approval of the Presiding Judge.

16.15 Daily Calendar. All other felony matters will be called no later than 9:00 a.m daily, or
such other times as the criminal division master calendar judge may direct with the approval of
the Presiding Judge.

16.16 Felony/Misdemeanor/Infraction Bail Schedules.

A. The Court must regularly maintain bail schedules available from the clerk of the
court, and available online at www.sfgov.org/site/courts.
B. The uniform countywide bail schedules adopted pursuant to Penal Code
§1269b(c) and (d) are in effect on the date adopted by the judges.
C. The above uniform countywide bail schedules will be annually revised and
adopted, and effective on the date of approval by the judges as provided by law.

16.17 Bail Setting and Rehearing. Any person requesting a bail reduction or increase must
disclose to the Court all other applications, by any person, that have been made before the
present request, including to whom such application was made and what the ruling was on any
prior request(s).
A. When bail has been set, requests for the increase or reduction of said bail must be
made to the judge who set such bail, except:
1. Bail Set Ex Parte. Bail set ex parte by any judge of this Court must be
subject to modification by the judge before whom the defendant appears
for arraignment.
2. Hearings in Criminal Proceedings.
(a) A judge or magistrate presiding over a preliminary examination or
trial may, in that judge’s discretion, after receipt of new evidence,
modify the amount of bail then set.
(b) A judge or magistrate hearing a criminal matter may, upon motion
of either the defendant or the People, modify the amount of bail
then set in accordance with applicable provisions of the Penal
Code.
3. Change of Plea. Upon defendant’s change of plea to guilty or no contest,
a Judge before whom such plea is entered may, in the judge’s discretion,
with or without motion of either the defendant or the People, modify the
amount of bail.

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16.18 Bench warrants: felony trials and felony probation matters. Upon the return of a
bench warrant issued in a felony trial or felony probation matter, the action is restored to
the Master Calendar. The action will be calendared by the next Court day after the
warrant is received in the criminal court clerk’s office, Room 101, provided the warrant
is received no later than 3:00 a.m on the day the warrant is to be calendared.

16.19 Court-Appointed Attorney Compensation.

A. Policy. The Court will appoint private counsel or the Public Defender in cases
where the attorney has the requisite legal ability and diligence to represent a given
defendant who is eligible for such services as set forth in The San Francisco
Superior Court Guidelines for Determination of Financial Eligibility for
Appointment of Counsel and Ancillary Services in Adult Criminal and Juvenile
Delinquency Cases effective January, 2004. A copy of these Guidelines
immediately follows this rule. Counsel accepting appointment will be required to
agree to and adhere to the following policies and fee schedules.
B. Compensation. The compensation of private counsel appointed by the Court to
represent indigent defendants must be fixed by the compensation schedule set by
the judges of the Court and set forth in the current Policies and Procedures
Manual including all amendments. All requests for payment must be directed to
the Bar Association of San Francisco (BASF). The current Policies and
Procedures Manual may be found at the Bar Association site as follows:
www.sfbar.org, Lawyer Referral Service-Conflicts Program-Indigent Defense
Administration Program-IDA Forms and Publications Library.
C. Excess Attorney’s Fees. In the case where the appointed counsel claims that
counsel is entitled to compensation in excess of the scheduled amounts, the
attorney may apply to the Court and present proof to support the claim. The
compensation must thereupon be fixed in accordance with the proof and the
judge’s discretion.
D. Expenses-Prior Approval Required. Expenses such as, but not limited to,
expert witness or investigator costs, reasonably necessarfy for private counsel to
represent a client must be reimbursed by the Court only if a written order of the
Court has been previously obtained authorizing such amount, except expenses
otherwise authorized by the Policies and Procedures Manual.
1. Counsel incurs unauthorized out-of-pocket expenses at counsel’s risk.
2. It is the responsibility of counsel to inform persons retained about the
Court’s policies regarding fees and filing procedures.
E. Submission. Claims for payment of services rendered must be submitted in
accordance with the regulations detailed in the Policies and Procedures Manual
and all amendments.
F. Format. Claims for compensation of attorneys’ fees and expenses must be made
following a format set forth in the Policies and Procedures Manual and all
amendments. Counsel must set forth with particularity the nature of the services
performed and are expected to make available time sheets or other documentation
if requested by the Court or by any entity or person authorized by the Court to
review such fee requests.

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GUIDELINES FOR DETERMINATION OF FINANCIAL ELIGIBILITY FOR

APPOINTMENT OF COUNSEL
AND ANCILLARY SERVICES IN
ADULT CRIMINAL AND JUVENILE DELINQUENCY CASES.

POLICY:

An indigent defendant has a right to have counsel appointed at public expense when a felony or a
misdemeanor is charged. Tracy v. Municipal Court (1978) 22 Cal 3d 760,766; Mills v.
Municipal Court (1973) 10 Cal 3rd 288, 301. See also: Penal Code §§ 859, 987. Juveniles enjoy
the same right. In re Kevin G. (1985) 40 Cal 3d 644. (And see: Government Code § 27706
regarding the duties of the Office of the Public Defender.) Whether the office of the Public
Defender, private counsel or an ancillary service is appointed, these guidelines are applicable.

PROCEDURE:

Determining Financial Eligibility/Standard Test

The standard test for financial eligibility for the appointment of counsel is whether or not a
private attorney would be interested in undertaking representation of the client, given the
applicant’s present economic circumstances. This test was approved by the California
Supreme Court in In re Smiley (1967) 66 Cal.2d 606, 620, citing Note, Representation of
Indigents in California, 13 Stan L.Rev. 522, 546.

The Court acknowledged that the test lacked precision but doubted that a more precise test could
or should be formulated. Many factors impact on the Court’s decision at the time of appointment.

The extent of [the defendant’s] debts is relevant because a determination of

indigency is to be made on the basis of as complete a financial picture, as it is
feasible to obtain in the circumstances. We recognize that in trial courts with
heavy caseloads the inquiry will normally be a cursory one,
and that most judges will accept a defendant's assessment of his ability to retain
his own counsel. (See Notes, 76 Harv.L.Rev. 579, 585-588, 13 Stan.L.Rev.522,
546-547.) …[F]airness requires that consideration be given not only to the
defendant's assets but also to such countervailing factors as the nature and extent
of his outstanding debts, the encumbrances on his home or car, the number and
age of his dependents, and any preferred charges such as child support or
alimony. (See People v. Ferry (1965) 237 Cal.App.2d 880, 887 [47 Cal.Rptr.
324]; Williams v. Superior Court (1964) 226 Cal.App.2d 666, 672-673 [38
Cal.Rptr. 291].) Even after such a balancing of accounts is made, however, it
remains impractical for an appellate court to prescribe a specific maximum
amount of net liquid assets a defendant will be allowed to possess and still claim
indigency for the purpose of court appointment of counsel, for the cost of legal
representation will vary according to the standards of the community, the

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complexity of the case, and the expenses necessary for defense. It may well be
that no more precise definition can or should be formulated than that derived from
a recent statistical study, i.e.,"in essence the test applied is whether or not a
private attorney would be interested in representing the defendant in his present
economic circumstances." (Note, 13 Stan.L.Rev. 522, 546). In re Smiley, supra at
pp. 619-620

I. Application of the Standard Test

Application of the standard test of financial eligibility requires careful inquiry regarding
an applicant’s financial situation, including assets, debts, and minimal subsistence
requirements.

Assets - Assets include any cash or income, or any property (real or personal), or a
reasonable expectation of same, which might reasonably provide a source of payment or
attorney fees.

Income - income includes such things as salary, vacation pay, disability and
veterans’ allowances, social security payments, pensions, annuities, union
vacation trust funds, and trust fund payments.

Real Property - Real property includes any interest, present or future, in any
land, farm, ranch, house or other building.

Personal Property - Personal property includes any stocks, bonds, insurance

(convertible to cash), jewelry, cameras, musical instruments, motor vehicles
(cars, motorcycles, trucks, boats, and airplanes), etc.

Reasonable Expectation - A reasonable expectation of income or property

includes recoveries from lawsuits, inheritances, worker’s compensation awards,
income tax refunds, etc.

Debts - All legally enforceable obligations existing against the person must be
considered in appraising ability to employ counsel. However, existing debts are not to
be regarded as having greater urgency than the necessity for payment of fees or legal
services, with the exception of certain preferred charges such as child support, alimony,
or debts approved as part of a court-ordered wage-earner plan.

Minimal Subsistence - The reasonable costs of providing necessary food, clothing,

shelter and medical care for an applicant and his or her dependents should be taken into
consideration in determining financial eligibility.

II. Other Considerations

Seriousness of the Charges - In applying the general test of financial eligibility,

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consideration must also be given to such factors as the seriousness of the charges, the
complexity of the case, the expenses necessary for defense, and the standards of the
community for cost of legal services.

Sympathy or Bias - In no event should eligibility determinations be influenced by

sympathy for or bias against an applicant or his or her case. Nor should personality
conflicts with the applicant enter into the determinations.

Merits of the Case - In no event should the supposed merit of a case, its public interest,
or the probability of a successful defense enter into the determination of eligibility.

Custody – Though a person in custody may be presumptively eligible for appointed

services of counsel or others at public expense, the Court may make inquiry of in-
custody applicants. The Court may question the applicant in open court as to
employment status or financial ability to pay for counsel. The Court, if convinced that
the individual may have the means to hire private counsel, can then request that the in-
custody applicant fill out the financial statement required of all out-of-custody
applicants.

Income that an In-Custody applicant would normally earn as a result of personal

employment when he or she is out of custody should not be considered in determining
present eligibility. Income received by a spouse or from sources other than personal
employment of an In-Custody applicant (e.g. trust fund payments or the earnings of a
spouse) should be considered in determining eligibility, as should assets or rights that
may be readily convertible to cash. Assets of parents are discussed hereinafter.

Bail - It is improper to reject an applicant as financially ineligible simply because he or

she has obtained release from custody on bail. (See Williams v. Superior Court (1964)
226 Cal.App.2d 666.)

Spouses - The financial condition of a married applicant’s spouse is relevant and should
be ascertained and considered in determining the financial eligibility of the applicant.
Thus, for example, if an unemployed, otherwise eligible married applicant applies for
representation but his or her spouse has sufficient income or assets, the applicant should
be found ineligible. The assets of a separated spouse who is estranged or is the
complaining witness against an applicant should not be considered in determining
financial eligibility. Community property not immediately accessible to the person
cannot be considered in assessing his or her eligibility.

Minors - When a minor (a person under the age of eighteen years) appears before the
Juvenile Court or is transferred to the adult courts after a finding of unfitness by the
Juvenile Court, the financial condition of the parents becomes relevant and a financial
application should be taken in such cases.

Parents of such minors are legally responsible for the minor’s necessities. Since legal
expenses are considered a necessity, the financial ability of parents to afford attorney
fees for their minor children must be ascertained in determining the financial eligibility
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of a minor for representation.

If a minor has been emancipated (e.g., by self-employment and residence away from his
or her parent’s home, or by marriage) then the parents’ financial condition will not be
relevant.

Persons over eighteen years of age are considered adults and parents are not legally
liable for their necessities.

Welfare/Public Assistance - Any applicant receiving any kind of welfare/public aid that
constitutes a major portion of his or her subsistence is presumptively eligible for
representation.

“Welfare/public Aid” is specifically defined to include aid to needy children, to the

blind and to the handicapped. It is broadly defined to include any assistance that is
administered by or through any Department of Social Services.

Motor Vehicle Assets - In recognition of the fact that in today’s society an adequate
means of transportation is a necessity for both work and family, ownership or equity in
a car or other motor vehicle will not disqualify an applicant except in situations that
there is sufficient equity in a vehicle so that, if sold, the applicant would realize
sufficient funds to (1) secure an alternative means of transportation and (2) hire a
private attorney.

Home Ownership - As indicated by the homestead exemption, it is the general policy of

state law to encourage and protect home ownership. Therefore, home ownership, in and
of itself, does not make an applicant financially ineligible. The state policy of
protecting home ownership would mitigate against requiring the applicant to take a
mortgage to hire an attorney if it would result in the applicant losing the home because
of the inability to make the mortgage payment. For example, if an applicant has a fully
paid for house and a small income, he or she would still be eligible. However, if the
applicant-homeowner’s income is sufficient to absorb a monthly mortgage payment
then the applicant should be considered ineligible.

Student Aid - Funds provided by student loans, grants or other forms of student aid
should not be included in determining financial eligibility. An applicant’s ability to
continue his or her education should not be jeopardized by compelling him or her to use
such funds to hire an attorney.

Pension Rights - If an applicant has pension rights that can only be converted to cash if
he or she terminates employment, such rights should not be considered as a basis for
ineligibility.

Income Tax Refund - An income tax refund should be considered a readily available
asset.

Inheritance - If the applicant has an interest in a decedent’s estate and that interest is
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readily convertible to cash, it should be considered as an asset of the applicant. Such an

asset should be used in determining the applicant’s financial situation.

Insurance with Loan Value - If the applicant possesses an insurance policy with a loan
value, funds that he or she may borrow against such a policy shall be considered an
asset and used in determining the applicant’s eligibility.

Resources of Others - The resources of other persons such as friends or relatives are
irrelevant to the determination of the applicant’s eligibility. Such persons have no legal
obligation to provide funds for counsel.

Written Financial Statement

Prior to any appointment of counsel or ancillary services, the applicant must complete, and the
Court must review, a completed financial statement

A written financial statement, signed under penalty of perjury, is required from each out-
of-custody person requesting representation by the Office of the Public Defender, private
counsel pursuant to Harris or ancillary services. The financial statement is to be taken on a
printed form provided for that purpose. In-custody individuals may be directed to complete a
financial statement where the Court concludes, based upon inquiry of the applicant that the
applicant’s or spouse’s income and/or holdings, or other financial information, suggest the
applicant may not qualify for appointment of counsel.

If application is made for the appointment of counsel at the time of arraignment and no conflict
of interest has been declared by the Office of the Public Defender, the aid of the Office of the
Public Defender may be required for applicants needing assistance in completion of the form.

If the Public Defender has declared a conflict and/or the applicant is seeking a Harris
appointment, counsel seeking a Harris appointment must submit a form completed by the
applicant. Moreover, if counsel for the defendant is retained by a third party, but
appointment of ancillary services is requested, the applicant must complete the financial
statement form.

Each applicant is advised that the financial statement is confidential and privileged and is not
admissible as evidence in any criminal proceeding except the prosecution of an alleged offense
of perjury based upon false material contained in the financial statement.

Each applicant shall also be advised that at the conclusion of the case, the application and its
contents may be disclosed to the Court solely for the purpose of aiding the Court in making a
determination of the person’s ability to pay for appointed services pursuant to Penal Code
§987.8.

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V. Referral of applicant seeking private counsel

Where the Court either denies or questions the applicant’s eligibility, the matter shall be
continued to provide the applicant with a meaningful opportunity to secure private counsel of his
or her own choosing. In cases where the Court believes the applicant may be only marginally
eligible for appointed services, an opportunity to seek private counsel is particularly important if
the applicant is to make further application to the Court, given the Supreme Court’s test which
gives consideration to a private attorney’s interest in undertaking representation.

Should the applicant need assistance in locating counsel, the Court or the Office of the Public
Defender may refer the applicant to the Lawyer Referral and Information Service of the Bar
Association of San Francisco (LRIS/BASF). LRIS/BASF maintains a list of attorneys, called by
rotation, all of whom meet the same experience required of the Criminal and Delinquency
Conflicts panels. LRIS/BASF will supply the Court with referral information. Neither the Court
nor the Office of the Public Defender or any other officer or member of the Court shall refer an
applicant to any particular attorney or provider of services.
[End of Guidelines]

16.20 Fee Hearings. In every case where the Court has appointed counsel to represent a
defendant unable to afford the cost of retaining an attorney the Court shall conduct a fee hearing
as provided by Penal Code §987.8. The Court shall utilize the fee schedule adopted by local rule
in making a fee determination unless there is good cause to deviate there from. A copy of the
schedule follows.

INDIGENT FEE REIMBURSEMENT SCHEDULE

Adopted July 2004
This fee schedule provides recommended fee amounts for persons represented by the
Public Defender or the Conflicts Panel. The Court has the discretion to set higher fees. These
fees will be imposed by the Court at the conclusion of the case if the Court has determined that
the person has the ability to pay. Cases involving insubstantial or brief representation will not be
subject to a fee.
If the Court enters a fee order, the person will be referred to the Treasurer’s Office for
payment and given payment instructions.

MISDEMEANOR CASES

Case resolves prior to trial $200

Case proceeds through trial $500 up to $1,000
(depending on complexity of case)

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Local Rules of Court San Francisco Superior Court Rule 16

FELONY CASES

Case resolves prior to preliminary $200

hearing
Case proceeds through preliminary $200 up to $500
hearing
Case proceeds through trial $1,000 up to $2,500
(depending on complexity of case)

JUVENILE CASES

Case resolves prior to trial $200

Case proceeds through trial $500 up to $1,000
(depending on complexity of case)

16.21. Redaction of Police and Related Reports. Any person attaching a police report, an
arrest report, or investigative report to any document or motion filed with the Court for any
purpose must redact the information listed below. Such redaction must be done before it is
submitted to the Court. Failure to so redact shall be grounds for the Court’s refusing to accept or
file the document or report. Any document or report that is refused for filing for failure to
comply with this order is not considered filed for the purpose of a filing deadline. The
information that must be reacted is: driver license and identification card numbers; dates of
birth; social security numbers; names and birth dates of victims and witnesses; addresses and
phone numbers of victims and witnesses; financial institution account numbers and credit card
numbers.

16.22. Confidential and Sealed Material in Court Dockets. Any confidential information that
is submitted to the Court and made part of the court record must be filed in a separate envelope
in the docket and must be marked “CONFIDENTIAL.” Documents sealed by order of the Court
will be handled in accordance with CRC §2.400-2.834 et seq. No envelope containing
confidential or sealed material may be opened by anyone except a judicial officer or appropriate
court personnel. Confidential material may be provided to the defendant’s attorney of record as
authorized by a Court order.

Rule 16 amended effective January 1, 2006; adopted July 1, 1998; amended effective
January 1, 2000; amended effective January 1, 2003.

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