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Chief Justice Presses for Expedited Court Rule

on Traffic Fines

FOR RELEASE

Contact: Peter Allen, 415-8657740

May 18, 2015

Californias Chief Justice Presses for Expedited Rule to Address Traffic Fine Proceedings
Requests immediate action by Judicial Council
SAN FRANCISCOChief Justice Tani G. Cantil-Sakauye today announced that
she is asking the Judicial Council to take emergency action to adopt a rule of court
to facilitate access to justice for court users challenging traffic fines.

Many of the procedures and practices regarding traffic fines derive from statute,
the Chief Justice said. However, the law is confusing and may result in
inconsistent practices or policies throughout the state. Im charging the Judicial
Council as the constitutional statewide policymaking body to expeditiously initiate
our rule-making process to act on an emergency basis. We need a court rule that
makes it clear that Californians do not have to pay for a traffic infraction before
being able to appear in court.
As I stated April 17 during our Judicial Council business meeting, the issue raised by fines and fees can
be an access to justice issue, as well as a fiscal issue for the entire state. All three branches are trying to
address it.
In addition to this immediate action by the council, the Commission on the Future of Californias Court
System, appointed by the Chief Justice, is taking a broader look at effective public access to Californias
courts, including traffic proceedings and the impact of mandatory and discretionary fines, fees, and
penalties on court users.
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| 2015
| | | Judicial
| | Council of California

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Council to Consider New Rule on Traffic

Tickets

FOR RELEASE

Contact: Teresa Ruano, 415-8657740

June 3, 2015

Judicial Council to Consider New Court Rule on Contesting Traffic Tickets

Rule would clarify that defendants dont have to pay for traffic infractions before being able to challenge
them in court

SAN FRANCISCOAt a special open meeting via teleconference on June 8, the

Judicial Council will consider adopting a proposed rule that would direct courts to
allow people who have traffic tickets to appear for arraignment and trial without
deposit of bail, unless certain specified exceptions apply.
The rule also states that courts must provide traffic defendants with notice of this
option in any instructions or other materials provided by the court to the public.

The rule was developed on an urgency basis at the request of Chief Justice Tani
Cantil-Sakauye in response to recent concerns about court procedures for deposit
of bail when defendants challenge infraction citations in court. The council advisory bodies that developed
the rule recommend it be made effective immediately.
Due to the exigent nature of the rules creation, the deadline to comment on the proposed rule

is June 5.

The June 8 council meeting, which starts at 8:00 a.m., will be audiocast live on the California Courts
website.
In addition to this new court rule being considered by the council, the Commission on the Future of
Californias Court System, appointed by the Chief Justice, is taking a broader look at effective public access
to Californias courts, including traffic proceedings and the impact of mandatory and discretionary fines,
fees, and penalties on court users.
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| 2015
| | | Judicial
| | Council of California

close this page

Council Adopts Rule on Contesting Traffic

Infractions

FOR RELEASE

Contact: Teresa Ruano, 415-8657740

June 8, 2015

Council Adopts Rule to Allow Ticketed Drivers to Contest Traffic Infractions Without Posting Bail
Rule takes effect immediately; Chief Justice directs council committees to report back in two months on
further rule changes
SAN FRANCISCOAt an urgent open meeting via teleconference, the Judicial
Council unanimously adopted a new rule
today that directs courts to allow
people who have traffic tickets to appear for arraignment and trial without deposit
of bail, unless certain specified exceptions apply. The rule also states that courts

must notify traffic defendants of this option in any instructions or other materials
provided by the court to the public.
The rule takes effect immediately, although courts have until September 15 to
ensure that their forms, written instructions, and websites comply with the notice
requirements of the new rule. In addition, the council directed that its Traffic
Advisory Committee and Criminal Law Advisory Committee expeditiously provide recommendations to
promote access to justice when an individual has previously failed to appear or pay and in other types of
infraction cases.
This is an historic meeting, said Chief Justice Tani G. Cantil-Sakauye. I am proud of the rule that has
been developed. This is an important first step to address an urgent access-to-justice issue. More work lies
ahead.
At the end of the meeting, she directed the councils Rules and Projects Committee to oversee and
coordinate the two advisory committees and to report back to the council on August 20 on their progress.
During the meeting, the Chief Justice noted that the Futures Commission, which she appointed last year, is
taking a broader look at effective public access to Californias courts, including traffic proceedings.
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| 2015
| | | Judicial
| | Council of California