HomeMy WebLinkAbout12-Parking Control
From:
WAYNE OVERSTREET, Supt
Public Buildings/Parking Control
Public Buildings/Parking Control
March 11, 1987
- REQUEQ FOR COU,JJCIL 'fc;oN
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Subject: ENFORCEMENT ,OF PARK11~JIO(~gNS
PROCEDURESj I.? ~ ()
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Ci10 OF SAN BERNARDI CD
Dept:
Date:
Synopsis of Previous Council action:
8-4-86,.. ,Adopted Resolution No. 86-326 authorizing the Superintendent of Public
Buildings/Parking Control to cancel certain uncollectable parking citations,
5-5-86",.Approve in principle the immobilization of vehicles of habitual parking
offenders.
7-7-86... ,Directed the Public Works Department to diligently enforce the parking
violations, with a status report back to the Council in three months,
Recommended motion:
That the report on pol icies and procedures be accepted and filed and that the
Superintendent of Public Buildings/Parking Control, and City Attorney be directed
to implement provisions of Senate Bill 942 and the Memorandum of Understanding
between the City of San Bernardino and the Municipal Court.
cc: City Administrator
City Attorney
Di rector of Pub 1 i c ~Iorks
Director of Finance
Supporting data attached:
Yes
Phone: 383-5244
Ward: All
Contact person: Wayne Overstreet
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
Council Notes:
Aaenda Item No.
/1.,.
_ c.tOOF SAN BERNARDIO - REQUEO FOR COUNCIL ACT:1N
STAFF REPORT
In July of 1986 a proposed amnesty program was recommended by
the staff for outstanding parking citations, reference item
17 of the July 7th Council Agenda,
An indepth review of the parking citation program was made
and the Council directed the Public Works Department to
diligently enforce parking violations and report to the
Council in three months, (See attachment No. 1).
Public Buildings Staff has pursued this effort and a detailed
standardized procedures was established. We found that in
November 21, 1983 a Memorandum of Understanding (MOU) between
the San Bernardino Municipal Court had been entered into.
This MOU designated the City Parking Citation Coordinator as
a Deputy Clerk in and for the said court and said county for
the purpose of accepting bail, pleas of not guilty, and
placing holds on vehicle registration for parking violations,
This MOU (attachment No.2) set forth procedures for such
action, for the administration of this program, The city
would retain all monies except DMV charges which is currently
$1.00 per citation, Monies collected by the court would be
returned to the city by prior agreement. The City Attorney is
to diligently prosecute habitual (5 or more unpaid citations)
parking violators,
This procedure outlined in our MOU conforms to Assembly Bill
942, Section I, which requires standardized procedures to go
into effect not later than January 1, 1987. This Bill was
enacted to insure that a standardized, uniform procedure be
implemented to insure that all persons would be treated
equally, This section is quoted as follows:
SECTION 1, The Legislature finds and declares that
vehicle parking violations are not being processed in
uniform or consistent manner and that the existing
statutory procedures are causing confusion to the
courts, the issuing agencies, and the people and are
resulting in practices which may offend constitutional
requirements of procedural due process. The Legislature
further finds that existing procedures for processing
parking violations cause conflict in the allocation of
parking fine revenues between the affected local
authorities, The Legislature further finds that
existing procedures are permitting some persons to
accumulate excessive numbers of unsatisfied parking
violations while, at the same time, causing others to be
subject to excessive fees or the loss of their vehicles
through liens for which they have had neither notice nor
opportunity to be heard,
75-0264 3-11-87
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3-11-87
c.
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Based upon this Senate Bill, if such a program is not adopted
it is conceivable that the City of San Bernardino could lose
80% of the parking citation revenue which we estimate to be
in excess of $200,000 annually.
If our recommended procedures are adopted, it would:
1. Comply with the provisions of SB 942,
2. Comply with the MOU between the City and Municipal
Court.
3. Standardize the handling of citizen's request for a
court hearing (One Stop Service),
4. Reduce workload in the City Attorney's office,
5. Provide a more effective management control system
of parking citations.
6. Provide the city with greater revenue.
7,
Reduce citizens complaints and
relations.
enhance public
It is recommended that the Mayor and Council approve our
proposed standardized procedures (attachment No.3) and
authorize the Public Buildings Superintendent to implement
these procedures,
WAYNE
Pub1i Buildings/Parking
Control
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COUNCIL ACTION CORRESPONDENCE
To Roger Hardgrave, Director of Public
Works/Engineering
Sub~~ Proposed Amnesty Program - Out-
standing Parking Citations
Oa~ July 14,.1986
Meeting Date July 7, 1986
Agenda Item No. 15 (2)
Action
The Public Works Department was directed to diligently enforce the
parking violations, with a etatus report back to the Council in three
months (October 6,1986).
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SC:pa
ee: Wayne Overstreet, Superintendent of
Public Buildings, Security and
Parki.g Control
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CITY OF SAN _RNARDINO - REQUEST FOR COUNCIL ACTION
m: Roger G, Hardgrave 1tIt"I,-UNII, ........t:
t: Pub1 ic Works/Publ ic Buildin/NIS JJH -S PH 3: S9
Om: 6-5-86
Proposed Amnesty Program --
Outstanding Parking Citations
Synopsis of Previous CouncillCtion:
6-02-86 -- Accepted recommendation from Legislative Review Committee for
immobilizing vehicles of habitual parking offenders by application
of a "boot,"
Recommended motion:
~
That the proposed amnesty program for outstanding parking
citations be referred to the Legislative Review Committee
for review and recommendation,
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cc: John Matzer, Jr,
Ralph Prince
Wayne Overstreet
OAA"'~
Signature
"'--'-
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Contact person:
Y~yn~ nVA~ct~DD+
Phone:
5244
N/A
Supporting data attlChed: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
~'uncil Notes:
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75- 0262
Agenda Item NO~~_
A'TC ,., J
'~IT'f OF SAN BBRNARDlib - R.QUE~ FOR COUNCIL ~N
STAFF REPORT
The Public Buildings Division is inputting data on the Parking Control
Enforcement Program into the City's computer. There are a tremendous amount
of unpaid citations from habitual offenders.
In order to purge the system of the large volume of outstanding
citations, Wayne Overstreet has proposed that an amnesty program be
implemented. Under this program, the $13.00 late charge would be waived,
as an incentive for persons with unpaid citations to come in and pay the
fine, This program would be in effect for a short period of time before
the "boots" are placed in service,
Advantages of an amnesty program are:
1. Purge Parking Enforcement Program of outstanding citations.
2, Generate immediate revenue (perhaps $50.000).
Disadvantages would be:
1, Penalize persons who comply by paying citations promptly,
4.'7
We recommend that the proposed amnesty program be referred to the
Legislative Review Committee for consideration,
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Q SAN BERNARDIt...J cOUNTY MUNOPAl ...;OURT DISTRICT 0
CENTRAL DIVISION
Second Floor. Courthouse, San Bernardino, CA 92415
November 7, 1983
City Attorney
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92401
Dear Sir:
If you would be interested in accepting pleas of not
guilty.on behalf of the Municipal Court so that de-.
fendants would need to appear only once in court,
please sign the Oath of Office (Attachment A) and
Memorandum of Understanding (Attachment B) and return
them to this office.
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As soon as they are on file with the San Bernardino
County Municipal Court, you may accept pleas of not
guilty on parking citations pursuant to the attached
procedure (Attachment C),
Very truly yours,
QYAN --
Division Manager
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Attachments
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A P P 0 I NTH E N T
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STATE OF CALIFORNIA ]
] ss.
~OUNTY OF SAN BERNARDINO ]
I, FREDERICKA HANCOCK, HUNICIPAL COURT ADHINISTRATOR, OF THE SAN
BERNARDINO COUNTY MUNICIPAL COURT DISTRICT, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, HEREBY APPOINT MILDRED t10UNGER .AS A DEPUTY
CLERK IN AND FOR SAID COURT AND FOR SAID COUNTY fOR THE PURPOSES OF ACCEPTI~
BAIL, PLEAS OF NOT GUILTY, AND PLACING HOLDS ON REGISTRATION FOR PARKING
VIOLATIONS.
IN WITNESS
November
WHEREOF, I
, 19~.
HAVE HEREUNTO SET HY HAND THIS
21
DAY OF
FREDERICK HANCOCK
HUNICIPAL COURT ADHINISTRATOR
* * * * * * * * * * * * * * * * * *
OATH
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OF. F I C E...
STATE OF CALIFORNIA ]
] ss.
COUNTY OF SAN BERNARDINO ]
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I, MILDRED MOUNGER , do solemnly swear (or affirm)
that I will support and defend the Constitution of the State of California
against all enemies, foreign and domesticl that I will bear true faith and
allegience to the Constitution of the United States and the Constitution of
the State of Californial that I take this obligation freely and without any
mental reservation or purposes of evasionl and that I will well and faith-
fully cischarge the duties upon which I am about to enter.
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Subscribed and. sworn to before me this -.:z 3 day of ~.
, 19~
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MEMORANDUM OF UNDERSTANDING
Effective November 21, 1983 , the Parkin!!
Citation Coordinator will commence accepting pleas of
not guilty on parking citations and set cases on the Municipal
Court Central Division court trial calendar, To this end
attached to the Memorandum is a signed Appointment and Oath
of Office to be filed with the San Bernardino County Municipal
Court,
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NOT GUILTY PLEA PROCEDURE - PARKING
(CITY CLERKS)-
On Monday
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,
of. each week you may call the cal~ndar
coordinator,
383-2705, and ask for that week's non-custody court,trial setting dates.
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,
She will give you a specific week usually set a month in the future.
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You pick a date from that week that is convenient t? the defendant
,
and write that date on'the "Notice of Arraignment ard Trial Date"form.
Complete the rest of the form by printing tpe defendant's
name, case number, which is the citation number, and fill in the
amount of bail required. The defendant must post the required bail
~
by either check or money order made out to Municipar Court before the
Case is set up for trial. write Pd (Paid) next to ~heamount. By
doing this, should the defendant fail to appear for his arraignment/
i
" trial, bail will automatically be forfeited with no: further proceed-
ings. All court trials are held in Department D at 8:00 AM sharp.
If the defendant is the least bit late, his trial is automatically
heard in absentia. Ask the defendant to date and ~ign the form.
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Initial the box on the reverse side of the form wh~ch indicates to
, \
the defendant that he may post and forfeit the bai~ posted by simply
I
contacting the court within ten (10) days prior to his trial date.
Give the yellow copy of the notice to the defendan~for his records.
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subpoena the citing officer to appear for ihe court trial by
making a copy of the citation and either write or stamp the copy of
citation with the following:
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SAH Jl!RNARD SUBPOENA .
OFFICER IHO MlINICIPAL COURT, CENTRAL DIV.
DATE BADGE ,
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NOT GUILTY PLEA PROCEDURE - PARKING (Cont'd)
Fill in the pertinent information and send it to proper
agency.
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Page 2
Write the date subpoena was issued on'the lower portion of
the "Notice of Arraignment and Trial Date" form and write: Copy of
cite to S.O. or S.B.P.D., whichever the case may be and initial this
entry. This will let the court know that all parties have been
notified.
./' /
Mail the c~ck, the court copy of the cit~fion, the
and the original (white ~opy) of the "Notice of Arrai~nt
~
complaint
and Trial
Date" form to San Bernardino Municipal Court for further processing,
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10/83
1. F-i 11 out the
l..UI"Ir.~IIIHJ rr\UvLVUI\t-...J ~
O' 0
"NOTICE OF' ARRAIGNMENT AND TRIAL DATE"
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Form "A" (SEE ATTACHED COpy)
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IF POLICE OFFICER WROTE THE TICKET, CHECK DIRECTIONS UNDER SUBPOENA BEFORE
SETTING A COURT DATE.
2. Defendent must post bail by CHECK or MONEY ORDER ONLY in the amount of the
citation. (If after 30 days, collect amount of citation plus fine)
3. Write "PAID" next to the amount.
4. Have the defendent sign and date the form.
5. Initial the box on the REVERSE SIDE.
6. ORIGINAL to court.
YELLOW copy to defendent
COpy for' office file
7. Hand carry ON WEDNESDAYS, the CHECK, COURT COPY OF CITATION
and the ORIGINAL WHITE COpy of the "N TICE ARR IGNM NT
to: San Bernardino Municipal Court for further processing
8. Make copy of the DEFENDENTS CHECK for our filel plus copy of TICKET
CONTESTING PROCEDURES (Bt
1. Fill out the "COMPLAINT" form (SEE ATTACHED COpy)
2. DISTRIBUTION
ORIGINAL:
YELLOW:
PINK:
Goes to the Municipal Court with the "NOTICE OF ARRAIGNMENT"
To be mailed to defendent after'filed in court and has Case No.
Office file copy
3, Pull Pink and it goes to court with the Original.
4. Place our copies of "A" & "B" in "CONTESTING FOLDER", top draw of file.
5, Call P,D. for 28 to be attached to officers copy.
6. After the heari ng, Offi cer wi 11 return the "PARKING CITATION COURT DISPOSITION"
It will be attached to our office copy. (See attached samples)
SUBPOENA
1. SUBPOENA the citing officer to appear for court trial by making a copy of the
citation and write or stamp with the following:
SUBPOENA
SAN BERNARDINO MUNICIPAL COURT, CENTRAL DIVISION
OFFICER BADGE NO.
DATEArpe""'l\o lh r.,..\ TIME ll,O(! A....DEPT, D
,
NAME OF DEFENDENT
1. If ti cketwas wri tten by Pol ice Offi cer, check to see if offi cer will be
available on the court date by calling Chris Bristol, Subpoena Clerk (384-57291
first, 1f1'CII.M.
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IN THE SAN BERNARDINO COUNTY MUNICIPAL COURT DISTRICT
NOTICE OF ARRAIGNMENT AND TRIAL DATE
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D CENTRAL
X D WEST VALLEY
Name 0 VALLEY FileNo.
D CHINO Cit/ll-ioh -#.
Address )( D EAST Case No.
D VICTORVILLE
)( D BARSTOW Ci-l-A..J.fon Da.-k
City D MORONGO BASIN Date
D
wnl'k Ati~ '
This violation is an INFRACTION. BAIL is $ ~{, of T I'chef and must be returned immediately along with
the signed white copy of this form. Keep the yellow copy for your records,
You are advised that you have the following constitutional rights:
To a public trial.
To a speedy trial (within 45 days).
To a trial by court.
To see, hear and question all the witnesses against
you,
To present evidence in your favor and either to
testify for yourself or if you wish. to remain silent.
To have the trial judge order into court all of the
evidence and witnesses in your favor without cost
to you.
To have a qualified lawyer defend you before, during
and after the trial at your own expense.
To be admitted to a reasonable bail.
To have an extension for seven days to consult with
your attorney before signing this form or deciding
not to.
To know the nature of the charge and the possible
penalties, (Most Vehicle Code infractions carry a
maximum penalty of $100,00 plus a mandatory
penalty assessment.)
You are entitled to appear in court to be informed of the charges against you. to be advised of your rights and to enter a
plea, This procedure is called an arraignment and you have a right to have at least five days after you are arraigned to
prepare for trial. For your convenience, however. you may request the clerk to set your case for arraignment. plea and
trial on the same day by filling out this form. This will permit you to have your trial without the necessity of making a
separate appearance before the court for arraignment.
I intend to plead not guilty, and request that my case be set for arraignment. plea and trial on the same date, I
understand I will have a trial by Judge,
I agree to appear for arraignment, plea and trial on Dc ~ the; at 9:00 .M., in Dept,~,
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I will be ready for trial at the above time. the.::.k. ~ see:' i o{fi.;.e... wil\ be
Q.vL\.ilc....hle F'-"l~. _ CAli ChN'~ 8rl's-\vl~ S\..l.bf'an......
I HAVE READ AND UNDERSTAND THE ABO-Si',erl<.. -(381-f1!1. 57:1..<1)
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Dated Defendant
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Address
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PARKING CITATION COURT DISPOSITION
CITY OF SAN BERNARDINO
PUBLIC BUILDINGS
. ,
DISPO DATE , \ CITATION # \ LICENSE #
D DEFENDANT FAILED TO APPEAR. REQUEST
THAT APPROPRIATE ACTION BE TAKEN.
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CITING OFFICER: Upon adjudication of this
citation, complete the disposition informa-
tion listed below and return this copy to
Public Buildings/Parking Control,
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DISPOSITION CODES
Before Trial
01. Bail Forfe~ted
o 2. Dismissed U/O Appearance
o 3. Dismissed after Appearance
o 4. Guilty Plea, Fine Paid
o 5. Guilty Plea, Fine Suspended
After Trial, Before Evidence:
[j 6. Dismissed/Acquitted
o 7. Convicted/Fine Paid
[] 8. Convicted/Fine Suspended
After Trial, After Evidence:
(J 9. Dismissed/Acquitted
(]lO, Convicted/Fine Paid
till. Convicted/Fine Suspended
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FINED: $
CITING OFFICER
DATE
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COMPLAINT,
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. INOE SAN ElERIMRDllm C, J-lT~UNICIPAL COu-( DIST, ';T, CENTRAL DIVISI~
COUNTY OF SANM'RNARDINO, STATE~ CALlFORNIAJ
Second Floor. Couhlv Courthouse. San Bernardino, Calif.
Plaintiff
VIOLATION DATE LICENSE NUMBER STATE
Mo, I o.v'! Year
11 18 85 WHOOZAT CA
VIOLATIONS
S.B.M,C. 10J4.2008 I
LOCATION
I Emp, Parking Lot
CASE NO,
FILE NO,
CITATION NO.~RP
1(,194
THE PEOPLE OF THE STATE OF CALIFORNIA,
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VI
MARGIE HELLAND
Defendant
THE UNDERSIGNED, CERTIFYING UPON INFORMATION AND BELIEF, COMPLAINS THAT ON OR ABOUT THE SAID
DATE IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, THE CRIME OF VIOLATION OF SAID
SECTIONISI. SHOWN ABOVE OF THE REGULATORY ORDINANCES OF THE CITY OF SAN BERNARDINO, AN
INFRACTION WAS WILFULLY AND UNLAWFULLY COMMITTED BY SAID DEFENDANT, ALL OF WHICH IS CON.
TRARY TO THE FORM. FORCE AND EFFECT OF LAW AND AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF
THE STATE OF CALIFORNIA.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Executed at San Bernardino. California on September 17, 1986
\
Final Notice to Appear
Final Notice Bail S
Warrant Issued
Warrant Bail S
CASH BAIL MAY BE FORFEITED.
(Complainant)
Garol~A_~e~_~ DCel'....+\ o.f 4h(
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DECLARATION OF PERSON SIGNING COMPLAINT
I HEREBY DECLARE
THAT AS A PART OF MY DUTIES. I HAVE CHECKED AND ASCERTAINED, OF MY OWN
KNOWLEDGE. THAT THE CITATION ATTACHED TO THIS COMPLAINT WAS PREPARED AND
ISSUED ALLEGING THE VIOLATION(S) INDICATED THEREIN AND SIGNED BY THE OFFICER
WHOSE SIGNATURE APPEARS THEREON, ~:r:.ua;1oI\'I. CHEClIQ('OfX%tl&)ftttIDRBSlOFX%MR
Df~10adl4Qma:ltiMlQ:iSt:6Ali:UM6ti1:Ol;i:A"1f0RNt~fli)/~~lIlflftils&N
fo.tAMfI)XlNClntlx~lWA5lClON< ll'ld2 xa<<JSclOfx ts6UAN~lOf'xjfMi>OlD1dQN~fWE
RC61StliJtEOCGWNERCIDltlfHElnIKIQ;,I! ElIiSCRlBSO:~1:A'l'I0N ~XXlMIU1IIT,
EXECUTED ON
Sep~ember 17. 1986AT SAN BERNARDINO. CALIFORNIA
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
(OURLDJ.}'_E:
9=2-4~.S6
'3:00 a.m.
!:'ep~-.E--
_LD"I"'~'\ 0+ The c..OlAr+
(Signatura>>
Carol Auerbach
X-I.ell.oll.--..Ec.c;re Lsr"
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:lATE ISSUED:
:~T TRIA:'S -,' .
.\~:OOam ,
DEPT
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?RE-TRIALS
(TO BE ASSIGNED)
:lEPT
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COURT TRIALS
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f e.. b... 2. 7 ~
sc}~~ !, D,
D,\TES
30 DAYS '
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TUESDAY \~EDNESDAY THURSDA~' . .. FRIDAY
'h ':-10NDAY
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3,~/~ )-17 3-1,8 3..,- , ~ 3-10
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NOTE. N:S~tNEANCR AND AT.OPNEY PEPRESEnTED CCURT TRIALS SHALL IE SET ON
THURSDAYS ONLY FCR D,A. APPEARANCE
.
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MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
PRO SER PRIV ATTY PRIV ATTY PUB DEF' PUB DEF
1: 3 pm 8:30am 8:30am 1:30pm 1:30pm
. PUB DEF PUB DEF CUSTODIES
1:30pm 1:30pm DEPT. F
**PlIB DEF rl C:Ull.r , '''' n Dn ,... <>,I\'\au
3 -Ita 3-11 3-\8 5-:-1~ 3 -:(0
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SCHEDULE OF . .
TRIAL DATES 45' DAYS
, MONDAY TUESDAY \~EDNE D THURSDAY FRIDAY
, 3~l~
3-13 3-1~ 3-1 3-2L
NOTE, ~ISCE~EANOR AND ATTORSEY R[P~ESENTED COURT TRIALS SHALL BE SET OK
,HURSDAYS ONLY FOR D,A. APPEARANCE
PRE-TRIALS MONDAY TUESDAY t~F.("\ "'c: THURSDAY FRIDAY
PRO PER PRIV ATTY PRIV ATTY PUB DEF PUB DEF
(TO BE ASSIGNED) 1:30pm 8: 30am 8 :.30am 1:30pm 1:30pm
DEPT PUB DEF PUB DEF CUSTODIES
~ DEPT, F
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3-~3 3~;<'-/ 3 -J.c, 3-~7
\-)uBi'
\ _. ~../~"'[~:SDEPS" ~OT TO VACA.t FC~ CAL SET AT 1,30pm. FRIDAYS ONLY IN DEPT. 1
~.~~~~{7'" s:eH~ COU~i I~RArr:CJ SET ON 1ST AND lRD THURSDAY OF EACH
/. '_"" /\ ~vSTH - 6~O NCHIt LA CADENA, COLTON (CHECK-IN AT 5,30pml
~:;.. \..,.#....~,:.-.;6-:'L. H.\:7tilS i"~ el':'Y A'i'TCflSEY W:LL at HtARD ON WEDNESDAYS CJUDCE$ HINS S/a/S6)
~ ,', ,"-'::.S,,}~ CCrlES ';t'. N. HC,UNCEP. PAU:SC CC'NTPC'L. 3DO N. .D' ST.. 5192411
O~ ......( I~"""'" TC" C,JUE - ::,,~ DA~TON R~.. CRAND TERRACE. 9212C '
....../. '<'~.::u PA" O'C"'''B - 111:8 "'S~E~SON ST,. LOHA LINDA. 9215C
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