Criminal Law Advisory Committee - California Courts

1 Advisory Committee on Civil Jury Instructions Annual Agenda 2018 Approved by RUPRO: _____ I. Committee INFORMATION Chair: Hon. Martin J. Tangeman Staff: Bruce Greenlee, Legal Services Committee s Charge: Make recommendations to the Judicial Council to update, revise, and add topics to the Judicial Council civil jury instructions (CACI) [Rule ] Committee Membership: 22 (see Rule ); 5 appellate court justices (including the chair); 7 trial court judges; 9 attorneys whose primary area of practice is civil litigation; 1 law school professor whose primary area of expertise is civil law. Subcommittees/Working Groups: The Committee has three subcommittees (referred to internally as working groups). Each working group reviews a third of the proposed meeting agenda before the full Committee meeting and makes recommendations to the Committee regarding each proposal.

2 Committee s Key Objectives for 2018: 1. Revise civil jury instructions (CACI) as required by developments in the law to ensure that they remain current at all times; 2. Respond to all queries, comments, and suggestions from the bench and bar with regard to CACI; 3. Propose new jury instructions to cover additional subject areas, including possible complete new series; and 4. Provide proposed technical or editorial corrections to the civil jury instructions. 2 II. Committee PROJECTS # Project1 Priority2 Specifications Completion Date/Status Describe End Product/ Outcome of Activity 1. Maintenance Case Law: Review new case law affecting jury instructions to determine whether changes to any civil jury instructions are required. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law.

3 Origin of Project: Ongoing charge from Judicial Council per Rule Resources: None Key Objective Supported: 1 Ongoing, with delivery of any changes requiring Judicial Council approval to the council at its May and November meetings; and delivery of any changes requiring only RUPRO approval to RUPRO every other month starting in Civil jury instructions 2. Maintenance Legislation: Review new legislation affecting jury instructions to determine whether changes to any civil jury instructions are required. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law. Origin of Project: Ongoing charge from Judicial Council per Rule Ongoing, with delivery of any changes requiring Judicial Council approval to the council at its May and November meetings; and delivery of any changes requiring only Civil jury instructions 1 All proposed projects for the year must be included on the Annual Agenda.

4 If a project implements policy or is a program, identify it as implementation or a program in the project description and attach the Judicial Council authorization/assignment or prior approved Annual Agenda to this Annual Agenda. 2 For non-rules and forms projects, select priority level 1 (must be done) or 2 (should be done). For rules and forms proposals, select one of the following priority levels: 1(a) Urgently needed to conform to the law; 1(b) Urgently needed to respond to a recent change in the law; 1(c) Adoption or amendment of rules or forms by a specified date required by statute or council decision; 1(d) Provides significant cost savings and efficiencies, generates significant revenue, or avoids a significant loss of revenue; 1(e) Urgently needed to remedy a problem that is causing significant cost or inconvenience to the Courts or the public; 1(f) Otherwise urgent and necessary, such as a proposal that would mitigate exposure to immediate or severe financial or legal risk; 2(a) Useful, but not necessary, to implement statutory changes; 2(b) Helpful in otherwise advancing Judicial Council goals and objectives.

5 3 Under the implementing guidelines that RUPRO adopted on December 19, 2006, titled Jury Instructions Corrections and Technical and Minor Substantive Changes, RUPRO has final approval authority over (d) Changes to instruction text that are nonsubstantive and unlikely to create controversy; (e) Changes to instruction text required by subsequent developments (such as new cases or legislative amendments), provided that the change, though substantive, is both necessary and unlikely to create controversy; and (f) Revocation of instructions for which any fundamental legal basis of the instruction is no longer valid because of statutory amendment or case law. Any such revocation would be presented to RUPRO in the month following the finality of the case or effective date of the statute making the instruction no longer good law. 3 # Project1 Priority2 Specifications Completion Date/Status Describe End Product/ Outcome of Activity Resources: None Key Objective Supported: 1 RUPRO approval to RUPRO in January4 3.

6 New Instructions and Expansion into New Areas: Review suggestions received from jury instruction users, new legislation, and case law and propose new civil jury instructions as appropriate. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law. Origin of Project: Ongoing charge from Judicial Council per Rule Resources: None Key Objective Supported: 3 Ongoing, with delivery to Judicial Council at May and November meetings Civil jury instructions 4. Maintenance Sources and Authority Add excerpts from new cases and statutes to Sources and Authority sections as appropriate once source is final. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law. Origin of Project: Ongoing charge from Judicial Council per Rule Resources: None Key Objective Supported: 1 Ongoing, with delivery to RUPRO every other month5 Civil jury instructions 4 See footnote 3.

7 5 Under the implementing guidelines that RUPRO adopted on December 19, 2006, titled Jury Instructions Corrections and Technical and Minor Substantive Changes, RUPRO has final approval authority over (a) Additions of cases and statutes to the Sources and Authority. 4 # Project1 Priority2 Specifications Completion Date/Status Describe End Product/ Outcome of Activity 5. Maintenance Comments From Users: Review comments received from bench and bar jury instruction users and propose any necessary changes and improvements. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law. Origin of Project: Ongoing charge from Judicial Council per Rule Resources: None Key Objective Supported: 2 Ongoing, with delivery to Judicial Council at May and November meetings Civil jury instructions 6.

8 Technical Corrections: Make any necessary corrections or editing changes to the jury instructions. 1 Judicial Council Direction: Draft and maintain jury instructions that accurately and understandably state the law. Origin of Project: Ongoing charge from Judicial Council per Rule Resources: None Key Objective Supported: 4 Ongoing, with delivery to RUPRO every other month Civil jury instructions 5 III. STATUS OF 2017 PROJECTS: [List each of the projects that were included in the 2017 Annual Agenda and provide the status for the project.] # Project Completion Date/Status Maintenance Case Law and Legislation: Review case law and new legislation affecting jury instructions to determine whether changes to the civil jury instructions are required. Ongoing. Releases presented to Judicial Council for approval on May 19, 2017 and November 17, 2017.

9 Maintenance Comments From Users: Review comments received from jury instruction users and propose any necessary changes and improvements. Ongoing. Releases presented to Judicial Council for approval on May 19, 2017 and November 17, 2017. New Instructions and Expansion into New Areas: Review new legislation and case law and suggestions received from jury instruction users and propose new civil jury instructions as appropriate. Ongoing. Releases presented to Judicial Council for approval on May 19, 2017 and November 17, 2017. Technical Corrections: Make any necessary corrections or editing changes to the jury instructions. Ongoing. Releases presented to Judicial Council for approval on May 19, 2017 and November 17, 2017. 6 IV Subcommittees/Working Groups - Detail Subcommittees/Working Groups: Subcommittee or working group name: Working Group 12 Purpose of subcommittee or working group: Review one-third of proposed agenda for full Committee meeting and make recommendations to the full Committee as to whether to approve or reject each agenda item Number of Advisory group members: 7 Number and description of additional members (not on this Advisory group): None Date formed: September 2003 Number of meetings or how often the group meets: Twice a year in June and December Ongoing or date work is expected to be completed: Ongoing Subcommittee or working group name: Working Group 34 Purpose of subcommittee or working group.

10 Review one-third of proposed agenda for full Committee meeting and make recommendations to the full Committee as to whether to approve or reject each agenda item Number of Advisory group members: 7 Number and description of additional members (not on this Advisory group): None Date formed: September 2003 Number of meetings or how often the group meets: Twice a year in June and December Ongoing or date work is expected to be completed: Ongoing Subcommittee or working group name: Working Group 56 Purpose of subcommittee or working group: Review one-third of proposed agenda for full Committee meeting and make recommendations to the full Committee as to whether to approve or reject each agenda item Number of Advisory group members: 7 Number and description of additional members (not on this Advisory group): None Date formed: September 2003 Number of meetings or how often the group meets: Twice a year in June and December Ongoing or date work is expected to be completed: Ongoing Item number: 02 RUPRO ACTION REQUEST FORM RUPRO action requested: Recommend JC approval (has circulated for comment) RUPRO Meeting: October 24, 2017 Title of proposal (include amend/revise/adopt/approve + form/rule numbers): Civil Jury Instructions: Recommend to Judicial Council That It Approve Publication of Legally Significant Additions and Revisions (Action Required) Committee or other entity submitting the proposal: Advisory Commitee on Civil Jury Instructions Staff contact (name, phone and e-mail): Bruce Greenlee, Attorney, Legal Services 415-865-7698 Identify project(s) on the Committee s annual agenda that is the basis for this item.