ADI’s website and those of other appellate projects, as well as the judicial website, have considerable resources for counsel. It is not possible to enumerate all of those here, but counsel are invited to browse these websites and note those parts most relevant to their present concern. The websites are searchable, and ADI also maintains a multi-project Topical Index for ease of research. We especially call attention to our Forms and Samples and Filing Rules pages, two of the most often used and most practical.

Counsel must always consult official rules and forms:

• California Rules of Court

• Judicial Council forms

Q: Where can I find answers to my questions about compensation claims?

A: The “Claims” drop-down menu on the ADI website has links to a number of claims-related forms; e-claim information; state guidelines, rates, and written policies; ADI tips and reminders, etc.

ADI’s Compensation Claim Manual describes a large variety of judicial policies on claims, as interpreted and applied by the projects.

Q: Whom should I contact about administrative questions concerning a particular case, such as appointment or claim information?

A: The general contact is Senior Staff Attorney Cheryl Geyerman. She can either answer your question or put you in touch with the responsible person.

Q: Whom should I contact for help with substantive issues or procedural matters in a specific case?

A: Every appointed case, whether assisted or independent, will have an assigned staff attorney. That person will be available to discuss your questions and will be happy to serve as a sounding board or to brainstorm with you.

A reasonable amount of consultation with the project is compensable and strongly recommended. See To Call or Not To Call, page 3. To make the most of this consultation, it is usually helpful to be familiar with the record and to have done preliminary research before contacting the staff attorney.

In assisted cases, the staff attorney will want to see one or more drafts before filing. Please clarify the staff attorney’s expectations at an early stage.

For help with unapppointed cases (those still in the trial court; those awaiting selection of appellate counsel; those dismissed before appointment of counsel because of non-appealability, untimeliness, failure to submit a request for counsel, etc.), a staff “attorney of the day” is available to provide help. Call (619) 696-0282 and ask the receptionist for the dependency or criminal attorney of the day.

Q: When is it mandatory (or strongly advisable) for a panel attorney to consult the staff attorney?

A: ADI’s policy is the staff attorney must always be contacted when:

• considering a no-merit (Wende-Sade C.) brief;

• abandoning an appeal;

• raising an ineffective assistance of counsel claim;

• undertaking an off-record investigation or filing a writ petition;

• filing a supplemental brief, except at the request of the court or in response to a new authority not available at the time of the opening brief;

• consenting to a substitution of counsel (appointed or retained);

• (for counsel for a dependency minor) considering taking a different position on appeal from that trial counsel/guardian ad litem took;

• immediately on becoming aware of the possibility of legal action against counsel or ADI – e.g., a claim of malpractice or ineffective assistance of appellate counsel;

• immediately on becoming aware of any potential conflict of interest, present or future; any State Bar action affecting ability to practice law (including discipline or suspension for failure to pay dues or meet MCLE requirements); or other factor that could interfere with counsel’s panel membership or continued representation in a given case.

The preapproval of the executive director is required in order to receive compensation for filing a certiorari petition in the United States Supreme Court or hiring an expert (other than modest translation fees). Advise the staff attorney when you are considering such action and ask him or her to convey your request to the executive director.

Common sense dictates that consultation should occur:

• before incurring unusual expenditures, such as non-local travel to visit a client, overnight stays, or experts;

• when dealing with sensitive matters such as potential adverse consequences, ethical dilemmas, judicial conflicts of interest, threatening or exceptionally demanding clients or family members, difficulties in client communication, substitution of counsel, strong disagreements with trial counsel, etc.;

• when unsure about ADI or court policy.

These lists are not, and cannot be, exhaustive. They do illustrate the types of situations in which consultation is required or strongly advisable. Needless to say, counsel should err on the safe side and contact ADI when in doubt. Often in these matters the staff attorney will need to consult the executive director, as well.

Q: What recourse do I have if the staff attorney and I cannot reach agreement on a matter or I want to make a confidential complaint or inquiry?

A: Chapter 1, §1.2 of the ADI California Criminal Appellate Practice Manual summarizes the relationship between the panel attorney and ADI and provides brief guidance on dealing with differences of opinion.

See Elaine Alexander’s article, Disagreements with Staff Attorneys About Legal Judgments.

For assistance in handling a particular disagreement with the assigned staff attorney, you may contact the ADI executive director or one of the panel ombudsmen: Neil Auwarter, nfa@adi-sandiego.com, or (619) 696-0284, ext. 27, or Cindi Mishkin, cbm@adi-sandiego.com or (619) 696-0284, ext. 55. Neil and Cindi are also available to assist attorneys who have gripes, seek guidance with a problem, have questions, or for other reasons need special advice.

Q: How can I find out my standing on the ADI panel or obtain a reference from ADI?

A: Only the executive director is authorized to discuss an attorney’s status on the ADI panel. Panel attorneys may contact Elaine Alexander directly or ask a panel ombudsman to relay the request to her.

Likewise, a panel attorney wishing to use ADI as a reference should contact the executive director, not a staff attorney.

FAQ FOR PARTIES

Q: How can I find general information on what to expect during my appeal?

A: ADI has a Criminal Case Information Sheet and a Dependency Case Information Sheet, intended to walk parties through the usual stages of appeal. These are also available in Spanish: Criminal or Dependency. We are always careful to caution, however, that information specific to a case must be obtained from the appointed attorney.

These information sheets cover such topics as:

• What is an appeal?

• Who will represent me on appeal?

• What can I expect to happen during the appeal?

• How can I find out more about my appeal?

Q: How can I start my appeal?

A: An appeal is started by filing a notice of appeal. ADI has Notice of Appeal forms with detailed instructions on when and where to file.

If your case is a dependency one and the court has made an order referring a dependency case for a permanent plan, you must file a notice of intent to file a writ petition rather than a notice of appeal. The Judicial Council has a Notice of Intent form to start this process.

Q: My attorney is not going to file a petition for review in the California Supreme Court. How can I do it myself?

A: ADI has an Information Sheet on how and when to file a petition for review. It is also available in Spanish. Another resource is ADI’s sample Petition for Review.


Q: I want to challenge my conviction, but appeal is not an option because the time has passed or I would need to rely on information not brought to the attention of the trial court. What can I do?

A: A petition for writ of habeas corpus is frequently used to challenge a conviction when appealing is not an option. Many habeas corpus proceedings are initiated by defendants acting in pro per (on their own). See Judicial Council Petition for Writ of Habeas Corpus form and follow the instructions carefully.

Before filing a petition for habeas corpus parties should be aware that a review of trial court proceedings carries the risk that errors in their favor might be noticed and corrected to their disadvantage and that withdrawing a guilty plea also erases the benefits gained by the plea bargain. (See ADI’s Criminal Appellate Practice Manual, § 4.91 et seq.) Also, a defendant is generally allowed only one habeas corpus proceeding to challenge a conviction and therefore should include all grounds for challenge in the first petition. (See ADI’s Criminal Appellate Practice Manual, § 8.10.)

Q: I am a self-represented party at the moment. How can I get help?

A: Although a number of persons in ordinary civil appeals choose to represent themselves, almost all parties going through the ADI program are represented by counsel. In these cases (criminal, dependency, conservatorship, etc.), an indigent party usually has the right to counsel appointed by the court at the public expense. In these cases, self-representation may not even be an option.

An exception is that in non-dependency cases parties whose appointed counsel have filed a no-merit (Wende-Anders) brief have the right to file their own briefs or letter briefs, raising issues they wish the court to consider. Ask your attorney for guidance.

Those few who are self-represented can get limited guidance HERE on the ADI website. That page deals with challenges to a judgment or order after judgment in California criminal cases charged as a felony, juvenile delinquency and dependency proceedings, involuntary civil commitments, and related appeals and writs. Cases in other jurisdictions, proceedings before judgment, and appeals and writs in ordinary civil cases, misdemeanors, infractions, small claims, and other cases are not included and often have different deadlines and rules.

Parties should always consult:

• California Rules of Court Title 8 deals with appeals.

• Judicial Council forms

The judicial website has a number of self-help resources, but parties should be aware that much of the guidance is designed for ordinary civil cases and should not be applied in criminal or dependency cases.

• California Courts Online Self-Help Center (mostly for civil cases)

• Fourth Appellate District resources, for appeals from San Diego, Imperial, San Bernardino, Riverside, Inyo, and Orange Counties (designed for civil cases).