HomeMy WebLinkAboutCC RESO 10,727RESOLUTION NO. 10,727
RESOLUTION 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 im-
provements in the California Criminal Justice System;
and
WHEREAS, the City Council feels that adoption
of certain recommendations 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 National City 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 pretrial motions in felony cases handled
in the Superior Court should be consolidated in a single
omnibus hearing with the right to pretrial appellate re-
view.
2. A rule of court to provide for a mandatory
pretrial 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 proceed-
ings 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 . . . .
PASSED, APPROVED AND ADOPTED this l8th day of
July, 1972.
ATTEST:
-'--
CITY CLERK
't VICE MAYOR