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  Consent-General Government   # 13.       
Board of Supervisors County Counsel  
Meeting Date: 05/09/2017  
Brief Title:    Update direction on CCP 170.6 motions in Dependency Court
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject
Revise Board direction provided on April 25, 2017 relating to juvenile dependency matters assigned to Judge Basha in light of the pending change in judicial assignments announced by Yolo Superior Court on April 27, 2017. (No general fund impact) (Pogledich)
Recommended Action
Revise Board direction provided on April 25, 2017 relating to juvenile dependency matters, as follows:
  1. Refrain from sending a letter to the Presiding Judge requesting a judicial rotation and a new judge for the dependency calendar; and
     
  2. Refrain from filing California Code of Civil Procedure Section 170.6 motions to disqualify Judge Basha on new dependency matters.
Strategic Plan Goal(s)
Operational Excellence
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
On April 25, 2017, the Board of Supervisors approved two actions with respect to the Juvenile Dependency Court that are referenced in the Recommended Actions above. Two days later, the Yolo County Superior Court announced that Judge Steven Basha requested a reassignment and that Judge Samuel McAdam would be taking over the dependency calendar in June. The change in judicial assignments is expected to take effect on June 12. 

In light of the pending change in assignments, staff request that the Board revise its prior direction as indicated above. Staff presently believe that both actions are unnecessary. The timing of of the change in judicial assignments ensures Judge McAdam will hear virtually all contested matters in cases filed since April 25. This eliminates the need to proceed with Code of Civil Procedure Section 170.6 motions, and the letter requesting a change in judicial assignment is similarly unnecessary. 

Notwithstanding the foregoing, if the planned change in judicial assignments is abandoned or significantly delayed, staff will proceed with existing Board direction (i.e., the direction provided on April 25) with the understanding that any direction provided as part of this item is contingent upon the June 12 change in judicial assignments.
Collaborations (including Board advisory groups and external partner agencies)
The timing of the change in judicial assignments was discussed with the Court Executive Officer.  HHSA was also consulted regarding this item.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
No file(s) attached.

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 05/03/2017 12:37 PM
Phil Pogledich Phil Pogledich 05/03/2017 01:02 PM
Form Started By: Phil Pogledich Started On: 05/03/2017 08:59 AM
Final Approval Date: 05/03/2017

    

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