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Amended effective ; adopted effective ; ly amended effective If any counsel, a party represented by counsel, or a self-represented litigant fails to comply with any of the requirements of these local rules, a judge, on motion of a party or on his or her motion, may 1 strike all or any part of any pleading of that party, 2 dismiss the action or proceeding or any part thereof, 3 enter a judgment by default against that party, or 4 impose other penalties of a lesser nature as otherwise provided by law, and may order that party and counsel to pay to the moving party reasonable expenses associated with the motion, including reasonable attorney fees.

No penalty may be imposed under this rule without prior notice and an opportunity to be heard, by the party Santa Barbara California CA escort classified whom the sanction is sought to be imposed. If failure to comply with these local rules is the responsibility of counsel and not the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.

For the purpose of these local rules, it shall be assumed that Santa Barbara County has been divided geographically into two separate regions hereinafter referred to as "South County" and "North County. The portion of Santa Barbara County southerly and easterly of the following described line constitutes "South County":.

Beginning at the intersection of the west bank of Gaviota Creek and the mean high tide line of the Pacific Ocean; northerly to intersection with the westerly right-of-way line of U. Highway ; northerly along the westerly right-of-way line of U.

Highway to the south bank of the Santa Ynez River; easterly along the south bank of said river to the westerly right-of-way line of Happy Canyon Road and Figueroa Mountain Road; northerly and northeasterly along said right-of-way line to the boundary line between Township 8 North and Township 7 North; and easterly along said boundary line to the Ventura County line, including the islands of Anacapa, San Miguel, Santa Rosa, and Santa Cruz.

Amended effective ; adopted ; ly amended effective and When, under California law, "North County" would be a "proper county" for venue purposes, all filings for such matters shall be in the appropriate division of the Clerk's office in North County.

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All other filings shall be made in the Clerk's office in the appropriate division of the Court in South County. The title of the Court required to be placed on the first of documents pursuant to CRC 2. Any filing erroneously made in a division of the Court may be transferred to the appropriate division upon motion of any party or on the court's own motion. Amended effective ; adopted ly amended effective and The proper venue for filing documents will ordinarily, but not necessarily determine the Court location where any case will be heard. With respect to documents which are not required to be e-filed under Local Rulethe Clerk shall not refuse to accept for filing a document delivered to the Clerk's Office in a division different from the appropriate filing venue, provided that the document is otherwise legally acceptable for filing.

Regular meetings of the judges of the Court shall be called periodically by the Presiding Judge or by the Assistant Presiding Judge. Special meetings of the judges may be called by the Presiding Judge, or Assistant Presiding Judge, or by a majority vote of the judges of the Court.

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Meetings of the judges of either region of the Court may be called by the Presiding Judge or Assistant Presiding Judge or by any two judges of a region. The Presiding Judge and an Assistant Presiding Judge of the Court shall be elected by a secret ballot majority vote of all judges of the Court at a September meeting. The Presiding Judge shall be selected from one region and the Assistant Presiding Judge shall be selected from the other region.

The term of office for these positions shall be concurrent and shall be for a period of two calendar years. Upon completion of the termthe Assistant Presiding Judge shall succeed the Presiding Judge for a full two-year term. A request for vacation time or other absence from the Court shall be submitted to the Presiding Judge or a deee with reasonable advance notice.

Absences from the court to attend an authorized education program, conference, or workshop or to participate in Judicial Council or other authorized committees or community outreach activities, is not considered vacation time if prior approval has been granted by the Presiding Judge or a deee. A judge may take two personal leave days per year subject to prior approval by the Presiding Judge or a deee. The Plan, when adopted by a majority of the judges, shall apply to all Court employees, and the judges shall follow such Plan in all dealings with Court employees, except where inconsistent with California and federal statutes and the CRC, in which event the statutes and CRC shall be controlling.

To be considered a complaint, the writing must contain the name, mailing address and telephone of the complainant, and the name of the subordinate judicial officer against whom the complaint is made. The complaint must also state whether the complaint is about 1 the content or resulting effect of a decision or ruling, 2 or the exercise of judicial or administrative discretion by the subordinate judicial officeror 3 whether the complaint is about other actions or conduct of the officer. The complaint must include a statement of the specific action or conduct by the subordinate judicial officer that is the basis for the complaint and the approximate date that the action was taken or conduct occurred.

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If the complainant requests that particular witnesses to the action or conduct of the subordinate judicial officer be contacted in support of the complaint, the names, and if available to the complainant, the addresses and telephone s of those witnesses must be included in the complaint. Former rule reed effective ; adopted effective Judges and Court Commissioners will file Statements of Economic Interests and any other related and required forms, as elsewhere provided by law.

Employees, contractors or consultants in the below-deated classifications shall report interests, investments and interests in the corresponding Disclosureas set forth in Appendix II:. Category 1.

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Employees, contractors or consultants in deated classifications ased to this disclosure category shall report interests in real property located within Santa Barbara County or within two miles of Santa Barbara County. Category 2. Employees, contractors or consultants in deated classifications ased to this disclosure category shall report investments in and income from business entities engaged in the manufacture, sale, lease or provision of supplies, materials, equipment, real property and services of the type used by these Courts within the past two 2 years.

Category 3. Employees, contractors or consultants in deated classifications ased to this disclosure category shall report all investments, sources of income, Santa Barbara California CA escort classified in real property, and positions in business entities, as follows: If, during a reporting period, a deated employee in this category did not participate in, or was not required to disqualify himself or herself from participating in, a case or other asment in which he or she had a financial interest as defined by Section of the Government Code, the employee shall a statement to that effect, under penalty of perjury.

This statement shall be filed as the statement of economic interests required by Section 4 c of the Standard Code. An employee who disqualified himself or herself from participating in a case or asment in which he or she had a financial interest, shall disclose the case or asment and the disqualifying interest, and file the statement with the Filing Officer.

The Executive Officer shall recommend, prepare for approval by the judgesand for review and authorization of the Judicial Council, a schedule of all fees charged by the Court and by the Clerk, to litigants and to the general public for filing documents and provision of other Court services. FIN The Court will not accept deferred or partial payments on fines unless a deferred fine payment or a financial payment plan is first approved, or as may otherwise be ordered by a judicial officer.

Incomplete applications will not be accepted.

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Court approval of deferment or installment payment plans will include specified due dates and minimum amounts for payments, as determined by the Court at the time of the application is filed. The Court has entered into contract s with private debt collections firm sfor the purpose of collecting certain delinquent s.

Court s may be referred for collection under such contract s and collections will be made and remitted to the Court, pursuant to the terms of the contract s. All interest earned on Court funds, and on funds deposited by the Court in fiduciary trust for other persons or entities, shall be paid promptly into the fund which contains the principal on which the interest accrued in accordance with Government Code section band to the extent not otherwise specifically provided by the CRC, or specific rule or formal order of the Court.

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Amended ; adopted ; ly amended effective The CSO shall provide court security services within and about the perimeter of all Court facilities, prisoner transportation services, prisoner escort services, bailiff services, and the execution of court orders and bench warrants requiring the immediate presence of a defendant or witness in court pursuant to Government Code section The Plan shall be submitted for approval of a majority of the judges of the Court and shall comply with the requirements of Government Code section and CRC The courtroom bailiff's primary responsibility is to assure the security of the attending public, courtroom personnel, jurors and other participants in court hearings as well as the security of court facilities, equipment and evidence in the courtroom.

In the execution of this duty, each bailiff shall serve under the direction of the judicial officer presiding in the courtroom to which the bailiff is ased, as well as under the supervision of the CSO. The Court shall control the use and occupation of the courtrooms, corridors, and adjacent public spaces, when court is in session and immediately before and after court sessions, as necessary to allow the courts to function, and to protect the right of access to court proceedings by parties litigant, witnesses, observers, and the general public.

The Court may specify procedures for protection of the operations of the Court against disruption or obstruction due to noise, crowding, or other disruptive conditions that may occur in or immediately adjacent to court facilities; as further implemented by the Court-adopted Court Security Plan. All judicial officers are hereby empowered to make such orders as they may deem necessary to limit the occupancy of the courtrooms in which they preside Santa Barbara California CA escort classified the public corridors in court facilities immediately adjacent thereto, and to limit and control the behavior of persons gathered therein, when the circumstances indicate that the operations of the court, or public access to the court, are being disrupted or are about to be disrupted by congestion or disturbance.

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The CSO is empowered to enforce such Court orders, and also to implement the intent of this rule, generally, as consistent with the Plan. Before limiting the activities of members of the news media within the courthouse, or in the areas immediately adjacent to the court building within the courthouse grounds, the court shall give such notice as is practical in the circumstances to all identifiable news media members who may be affected by an order under this rule, and offer them an opportunity to make a showing that the proposed order is unnecessary, or should be modified.

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Nothing in this rule is intended to impact the procedures established in the CRC regarding the coverage of court proceedings by electronic media. Any party aggrieved by an order made pursuant to this rule may apply to the court to modify the order, or to be exempted from it, by making a request in writing to the judge who issued the order, or to the Presiding or Assistant Presiding Judge of the Court, if the judge who issued the order is not available. Such written request shall be made under penalty of perjury, and shall state the specific impact of the order on the party requesting exemption or modification, as well as the specific relief requested.

Court proceedings are generally open to the publicbut certain exceptions are provided by California statutes and the CRC and may be further specified by court order. When a court order is sought for closure of any proceeding or for opening any closed proceeding, the party seeking such order shall file written notice of motion at least two 2 court days prior to the hearing.

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The motion shall be scheduled to be heard at least one day prior to the hearing. Motions for closure of hearings may be heard on shorter notice at the discretion of the court. Rule repealed effective ; adopted ; ly amended effective and With consideration for maintenance of effective services to the Court, and to minimize the costs of government services, the CEO shall recommend and prepare for approval by the judges of the Court, and shall publish and maintain for public inspection a schedule of approved rates and fees for such specialized services.

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Upon adoption by a majority of judges of the Court, the Schedule, and all instructions and information contained therein, shall have the full force and effect of a rule, except as may otherwise be prescribed by statute, the CRC, or otherwise by these Rules. Such Special Fee Approval Order shall be made prior to providing of such service upon motion or application by counsel, self-represented litigant, by the prospective service provider, or upon the court's own motion.

Such fees and expenses shall otherwise be paid by the prosecution or defense agency or department requesting the appointment.

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Rule repealed effective ; adopted ; ly amended effectiveand The allowance of fees in excess Santa Barbara California CA escort classified those provided in the Schedule for appointed counsel, diagnosticians or other court service providers is subject to the discretion of the court upon proper and sufficient showing by the claimant of the necessity or justification thereof, except as may otherwise be specifically provided by statute.

Except as to those Public Defender and Conflict cases subject to written contract between the court, Santa Barbara County and contract counsel, the following appointment and counsel fee approval procedures shall apply:. The time itemized shall not include attorney's traveling time or related expenses within the South region of Santa Barbara County in cases prosecuted in South County, or traveling time or related expenses within the North region of Santa Barbara County in cases prosecuted in North County, or research or preparation time which would not be required of an attorney reasonably experienced in the practice of criminal law.

If the request and declaration conform to this rule and any corresponding court policy, an order shall be made and delivered forthwith to the Auditor of the County of Santa Barbara for payment pursuant to Penal Code section In the event the court determines that the request and declaration is not or may not conform with this rule and any corresponding court policy, the court may reduce the claim as it deems appropriate or may notify counsel that the request for attorneys fees is denied, pending a hearing.

Counsel shall not bill the court for any time spent to prepare for or attend the hearing. At the conclusion of the hearing, the court shall make a final order as to the amount of attorney's fees to which counsel is entitled pursuant to this rule and to any corresponding court policy. Amended ; adopted effective Rule repealed effective ; adopted effective ; amended In default cases, when the obligation sued on provides for the recovery of reasonable attorneys' fees, the following schedule will apply to the principal amount of the judgment unless otherwise provided by law or determined by the court:.

93105 93101 93103 93109 93102 93106 93120 93121 93130 93140 93190

A party may apply for award of attorney fees in excess of the applicable fee determined under subdivision a by appropriate request supporting the higher award as provided by CRC 3. The Court may, in exercise of its discretion and in compliance with applicable law, award attorney fees in an amount greater than or less than the applicable fee determined under subdivision a. ZIP: 93105 93101 93103 93109 93102 93106 93120 93121 93130 93140 93190

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