Cal. R. 8.300

As amended through July 24, 2024

Rule 8.300 - Appointment of appellate counsel by the Court of Appeal

(a) Procedures

(1) Each Court of Appeal must adopt procedures for appointing appellate counsel for indigents not represented by the State Public Defender in all cases in which indigents are entitled to appointed counsel.

(2) Each court's appointments must be based on criteria approved by the Judicial Council or its designated oversight committee.

(Subd (b) amended effective January 1, 2007.)

(b)List of qualified attorneys

(1) The Court of Appeal must evaluate the attorney's qualifications for appointment and, if the attorney is qualified, place the attorney's name on a list to receive appointments in appropriate cases.

(2) Each court's appointments must be based on criteria approved by the Judicial Council or its designated oversight committee.

(Subd (b) amended effective January 1, 2007.)

(c)Demands of the case

In matching counsel with the demands of the case, the Court of Appeal should consider:

(1) The length of the sentence;

(2) The complexity or novelty of the issues;

(3) The length of the trial and of the reporter's transcript; and

(4) Any questions concerning the competence of trial counsel. (Subd (c) amended effective January 1, 2007.)

(d)Evaluation

The court must review and evaluate the performance of each appointed counsel to determine whether counsel's name should remain on the list at the same level, be placed on a different level, or be deleted from the list.

(e)Contracts to perform administrative functions

(1) The court may contract with an administrator having substantial experience in handling appellate court appointments to perform any of the duties prescribed by this rule.

(2) The court must provide the administrator with the information needed to fulfill the administrator's duties.

Cal. R. Ct. 8.300

Rule 8.300 amended and renumbered effective 1/1/2007; repealed and adopted as rule 76.5 effective 1/1/2005.

Advisory Committee Comment

Subdivision (b). The "designated oversight committee" referred to in subdivision (b)(2) is currently the Appellate Indigent Defense Oversight Advisory Committee. The criteria approved by this committee can be found on the judicial branch's public website at www.courts.ca.gov/4206.htm.