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>-- Courthouse News....
>Facilitator's Office Relocation
>Noon Time Legal Seminars
>Allocations For Fiscal Year 2015-2016
>Prop 47: Safe Neighborhoods and Schools Act
>Facimile Copies of Tentative Rulings Discontinued

-- Courthouse News....
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Facilitator's Office Relocation
The office of the Family Law Facilitator is now located on the first floor in the Self Help Center

Noon Time Legal Seminars
The Nevada County Law Library is offering monthly “Noon Time Legal Seminars” to the general public and practicing attorneys on topics of general interest beginning on April 19. These seminars are taught by local attorneys and designed for the lay person, as well as for the practicing attorney, who will receive MCLE credit (Minimum Continuing Legal Education).

Seminars are from 12:00 – 1:00 pm held on the third Tuesday of every month, except in July and December, on the first floor of the Nevada County Superior Court at 201 Church Street in Nevada City.

The following is a schedule of topics and presenters:
April 19: Homestead Exemption / Asset Protection, presented by Jeff Guyton
May 17: Unlawful Detainer, presented by Morgan Halperin
June 21: Legal Responsibilities of Nonprofit Board Members, presented by Dylan Hendricks
August 16: Family Law Custody and Support Basics, presented by Cleat Walters
September 20: Basic Divorce, presented by James Phillips Anderson
October 18: Probate, presented by Steve McFarland and Rich Keene
November 15: Easements, presented by Steve Hass

To enroll in these seminars, please call 530-265-7161 or email The cost is $15/seminar for non-attorneys and $30 for attorneys.

Allocations For Fiscal Year 2015-2016
At its July 28, 2015 meeting, the Judicial Council made 2015–2016 Trial Court Trust Fund (TCTF) and General Fund allocations to trial courts . Attachment A provides a summary of each court’s base and one-time allocations for 2015–2016, and Attachments B through E provide details. To assist courts in budgeting the allocations for the Schedule 1, Attachment F displays allocations by their associated General Ledger account.

The Trial Court Budget Advisory Committee’s report to the council provides helpful discussion and detail behind the allocations. The following is the link to the report on the California Courts website: . (Note: the report does not reflect all council actions as one allocation, the $13.3 million 2013-14 Benefits Subsidy Reduction Return Allocation, was made on June 26, 2015).

In addition, please note the following:
• An additional $13.45 million in Proposition 47 workload funding will be distributed in January 2016 based on each court’s share of statewide petitions for resentencing and reclassification from June 1, 2015 to November 30, 2015.
• Any unallocated portion of the 2% reserve, $37.7 million this year, will be distributed back to courts – 75% of any unallocated portion by January 2016 and the remainder by March 2016.
• The WAFM allocation of $67.9 million reflects the council’s June 26, 2015 action to reduce by $22.7 million, the amount of ongoing shortfall in TCTF fine and fee revenue that has not been backfilled from the state General Fund, from the $90.6 million provided by the Budget Act of 2015.
• The council allocated $13.3 million one-time of the partially returned Department of Finance (DOF) funding reductions for estimated 2013–2014 employer subsidies of employee retirement contributions. In 2016–2017, courts that continue to provide employer-paid share of the employee retirement contribution will have their funding reduced by their portion of any unrestored funding and redistributed to those courts that do not.

Prop 47: Safe Neighborhoods and Schools Act


On November 4, 2014, the California Voters passed Proposition 47, also known as "The Safe Neighborhoods and Schools Act."

Proposition 47 creates a new Penal Code section, §1170.18, which allows offenders currently serving felony sentences for the specified crimes to petition to the sentencing court to have their sentences reduced to misdemeanor sentences. In addition, certain offenders who have already completed a sentence for a felony that qualifies under the new law may apply to the sentencing court to have their felony conviction designated a misdemeanor. Exact procedures and forms can be found on our website under About this Court > Court Forms.

YOU DO NOT QUALIFY for a reduction of a qualifying felony to a misdemeanor if any of the following apply to you:
  • You must register as a sex offender under Penal Code section 290(c). (Note, if your conviction is for petty theft with a prior theft conviction under Penal Code § 666, you are disqualified for a reduction if you must register under any provision of the Sex Offender Registration Act, Penal Code §§ 290 to 290.024.
  • You have a prior conviction for any homicide Penal Code §§ 187 to 191.5, attempted homicide or solicitation to commit murder.
  • You have a prior conviction for a sexually violent offense listed in Welfare and Institution Code section 6600(b). This includes rape, spousal rape, rape in concert, aggravated sexual assault of a child, sodomy, lewd acts on a child under 14, oral copulation, continuous sexual abuse of a child under age 14 and sexual penetration, kidnapping with the intent to commit one of those offenses, and or assault with the intent to commit one of those offenses, when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person.
  • You have a prior conviction for any serious or violent felony punishable by death or life in prison.
  • You have a prior conviction for possession of a weapon of mass destruction.
  • You have a prior conviction for assault on a peace officer or a firefighter with a machine gun.
IF YOU HAVE A CONVICTION FOR A QUALIFYING FELONY and you are not disqualified you may ask your sentencing judge to reduce your conviction to a misdemeanor. The qualifying felonies are
  • Commercial Burglary Penal Code § 459 that meets the definition of the new crime of shoplifting (see below for that definition).
  • Forgery relating to financial instruments listed in Penal Code section 473(b)(Any check, bond, bank bill, note, cashier’s check, traveler’s check or money order), if amount of the item does not exceed $950, and you were not also convicted of identity theft per PC § 530.5. This will include convictions under Penal Code section 470(a), 470(d), 475 and 476.
  • Passing bad checks Penal Code § 476(a) if the aggregate amount of the checks does not exceed $950, and you have no more than two prior convictions for violations of Penal Code §§ 470, 475, 476 or 476a.
  • Grand theft Penal Code §§ 487(a)-(d), 487a, 487b, 487c, 487d, 487f, 487g, 487h, 487i and 487j if the value of the stolen property does not exceed $950.
  • Receiving stolen property Penal Code § 496(a) if the value of the stolen property does not exceed $950.
  • Unlawful possession of a controlled substance Health and Safety code §§ 11350(a), 11357(a) and 11377(a).

Proposition 47 also created the new crime of shoplifting pursuant to Code section 459.5. Shoplifting is defined as entering a commercial establishment while the establishment is open during regular business hours with the intent to commit larceny where the value of the property taken does not exceed $950. Any act of shoplifting must be charged as shoplifting and may not be charged as burglary or theft.

Facimile Copies of Tentative Rulings Discontinued
Effective April 1, 2013, we will discontinue the practice of faxing tentative rulings to attorneys /parties. TRs will continue to be posted on our court website and parties without access to the internet may continue to call the clerks’ offices to have the substance of rulings read over the phone. | read more >>