Legal Process Committee of the San Mateo Co. Domestic Violence Council

Meeting Minutes

Thursday, July 13, 2017

11:45 a.m. – 1:15 p.m.

Location: Criminal Justice Training Room, 1st Floor - Hall of Justice

Present: Laura Alvarez (ADZ Law, LLP), David Cherniss (Superior Court), Melissa Gibbs, Co-Chair (CORA), Linda Gibbons(Sheriff’s Office), Timothy Gee (Court Clerks), Lisa Farris (Probation), Jenny Horne (Legal Aid Society of SMC), Sara Kobayashi (Superior Court/Master Calendar and Interpreters), Greg Tanaka (Family Law Facilitator’s Office), Nadia Matta-Toledo (Rally), Nicole Reyes (Bay Area Legal Aid), Al Serrato (DA’s Office), Lauren Zorfas (ADZ Law, LLP)

ISSUES / DISCUSSION / ACTION
Review/Adopt Minutes from 4/13/17meeting / Minutes reviewed and MSC to adopt without corrections. / Approved
Updates / Agency/organization updates and announcements:
  • CORA: Adrea Tencer is leaving, hiring for part-time attorney
  • FCS:Three new staff members (two already started). Now have a total of three bilingual staff members
  • Court: Recently hired a Collaborative Court Coordinator
  • LASSMC: Hiring for an immigration attorney

New Business /
  1. Are there suggestions for additional invitations to join LPC?
  2. Children and Family Services are already on the roster
  3. Star Vista
  4. Anger Management and Domestic Abuse Center
  5. El Centro
  6. Chief Association Representative Stalini
  7. Everyone is encouraged to email Melissa Gibbs with any additional ideas.
Lisa Farris informed the group that she has a monthly meeting with BIP programs and would be happy to announce opportunity to participate on this committee.
  1. Does this meeting time work for everyone for 2018?
  2. For everyone at the meeting, yes.
  1. Discussion re: Stipulation to Commissioner Form
  2. Currently Bay Area Legal Aid provides pro per litigants with the form to stipulate to commissioner. Since BALA isn’t giving legal advice, it’s not clear litigants understand what they’re signing. BALA has had private attorneys calling and question whether it makes sense for litigants to stipulate to the commissioner in advance.
  3. Is there an alternative to give the form at the day of hearing?
  4. Sara K.: sounds like too much to expect court staff to manage. Greg T: original goal of form was to prevent DV orders from being set aside in light of Michaels v. Turk. Tim G: idea was to have litigants sign it sometime between BALA clinic and day of court.
  5. Lauren Z. proposes: Add language to the form that says: “I’m currently unrepresented and reserve the right to rescind my stipulation to the commissioner at [after?] the first hearing.”
  1. Report from probation department:
  2. Lisa F: probation department has a zero tolerance policy for probationers having any contact with probationers violating the order. If there’s any contact (for a probationer on supervised/formal probation), a probation violation will be filed. Each probation officer reaches out to the victim to inquire.
  3. ACTION ITEM: Only misdemeanor DV probationers have mandatory court progress reports, not felony probationers convicted of DV crime. Probably because there’s a DV misdemeanor court and not a felony DV court. DISCUSSION ON THIS ISSUE TO TAKE PLACE IN OCTOBER.
  1. Letters to victims notifying them that an offender is on probation— can those be sent via email? Al S.: yes, however police reports don’t always capture the victim’s email in contact info.
  1. Any other projects for the committee for 2018: please bring ideas to the October meeting.
/ Lisa Farris to mention the LPC at the next meeting
Melissa to send information to Lisa for forwarding to court approved BIP programs
Melissa to send a Doodle poll
Greg and David will bring this idea to presiding judge
Query to Judge Davis, criminal presiding judge: Is there a need for mandatory court progress reports for felony DV convictions?
Linda to explore incorporating email into items collected in police reports
Work Plan Reports / a)Civil-Criminal Crossover: Jenny H. heard from a private attorney who is challenging the status quo process of granting a DVRO respondent an automatic continuance where the respondent has a pending criminal case. A writ was granted, stating that the court needs to determine whether a particular situation merits a continuance. Al S.: maybe but unlikely potential issue of enforcement if DA’s office initiates violation of RO case and subsequent RO is challenged with respondent saying RO shouldn’t have been granted because of respondent’s 5th amendment rights. Potential issue instead: respondent saying due process problem because he has right to be heard and 5th amendment competing right.
b)DV Firearms Compliance Unit – 137 protective orders were reviewed and 26 firearms were confiscated. Lauren Z.: kudos to the civil unit providing effective assistance where seizure hadn’t occurred.
c)Judicial Bench Card – Jenny will incorporate comments/edits to bench card draft.
d)Law Enforcement DV Protocol Update –There 6 trainings over one week. Goal is the have law enforcement supervisors and field officers attend. Rhonda will do the presentation.
e)Protective Orders –No issues discussed
f)Allocation of Court Resources – Interpreters are going to family and probate calendars. Bailiffs are familiar with the procedure. Superior Court is having to rely heavily contract interpreters rather than full-time interpreters due to high cost of living in Bay Area.
g)Courtroom Safety – No issues. DVROs are being heard in a good courtroom now. / Jenny will provide feedback to attorney.
Public Comment / None.

Next Meeting: Thursday, October 12, 2017 11:45am-1:15pm

Criminal Justice Training Room, 1st Floor – Hall of Justice