Criminal Assignments in the New San Bernardino Justice Center

By popular request, here are the criminal law assignments at the new 247 W. Third Street San Bernardino Justice Center:
Courtrooms 1-4 will be unavailable until the fall (on the first floor)
S6 will be Judge Kenneth Barr (Misdemeanors)
S7 will be Judge Douglas N. Gericke (Preliminary Hearings)
S8 will be Judge Gilbert (specialty courts (drug court, veteran courts, etc) and video arraignments
S14 to S20 will be criminal trial courts, and I don’t have information on assignments yet.
Criminal will be located on floors 1-7.
Address: 1255 W. Colton Ave. Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055

The New San Bernardino Justice Center Assignments (as of April 2014)

Michael Reiter, Attorney at Law

I recently attended a meeting of GIEMLA and Judge Michael Sachs gave an update on the progress of opening the new Justice Center in downtown San Bernardino.  Here are some of the highlights:

15 Civil Courtrooms are available, of which 13 will be occupied.  Civil Departments will be located on floors 7-10.

20 Criminal Courtrooms are available, 18 will be occupied. Criminal Departments will be on floors 1-7.

There will be no pillars in the middle of the courtrooms.

Civil Assignments will be:

7th Floor:

S22 (Judge Donna Garza)

S23 (Judge Donald Alvarez)

S25 (Judge Keith Davis)

8th Floor

S27 (Judge Thomas Garza)

S28 (Judge Michael Sachs)

S29 (Judge Janet Frangie)

9th Floor

S30 (Judge Brian McCarville)

S31 (Judge John Pacheco)

S32 (Judge Pamela King)

S33 (Judge Joseph Brisco)

10th Floor

S34 (Mediations)

S35 (Judge Bryan Foster)

S36 (Judge Gilbert Ochoa)

S37 (Judge David Cohn)

Law and motion will be four days a week instead of 2

Limited Civil law and motion will be two days a week without a court reporter

Unlimited civil law and motion will be another two days a week

Judge Brisco will be the Supervising Judge for civil.

 

 

Address: 1255 W. Colton Ave. Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055

The New San Bernardino Courthouse: Address And Name

By Michael Reiter, Attorney at Law

I received a notice today from the court on one of my San Bernardino District cases.  It says:

PLEASE TAKE NOTICE: AFTER May 12, 2014, THIS CASE WILL BE HEARD AT THE SAN BERNARDINO JUSTICE CENTER, 247 WEST 3RD STREET, SAN BERNARDINO, CA 92415-0210. The above-entitled case has been reassigned for all purposes to the new court location as of May 12, 2014.

What does that mean to you, the attorney, the in pro per, the paralegal, litigant or secretary? On your captions, instead of Central District or San Bernardino District, start writing “San Bernardino Justice Center” and instead of 303 W. Third Street, write 247 West 3rd Street on Judicial Council forms or local forms.

Address: 1255 W. Colton Ave. Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055

Leaving Your Keys In the Ignition In Your Car In San Bernardino: It’s Against the Law Part Two

By Michael Reiter, Attorney at Law

When I wrote the original Leaving Your Keys In the Ignition In Your Car In San Bernardino: It’s Against the Law article, I did not have the benefit of an article from the San Bernardino Sun.  Here’s the ordinance, which is still in force:

10.16.140 Removal of ignition key.
A. It is unlawful for any person having charge or control of a motor vehicle to allow
such vehicle to stand upon any street, alley or parking lot upon which there is
no attendant, when such motor vehicle is unattended, without first locking the
ignition of the vehicle and removing the ignition key from such vehicle.
B. Any person convicted under this section shall be punished by a fine of not less
nor more than two dollars; and such person shall not be granted probation by
the court, nor shall the court suspend the execution of the sentence imposed
upon such person.
(Ord. MC-460, 5-13-85; Ord.3880 §2 (part), 1980; Ord.2613,1964; Ord. 1652 Art. 4 §14, 1941.)

A story in the San Bernardino Daily Sun on April 20, 1955, Page 13, gives some background to the crime problem in San Bernardino about 15 years after it was already adopted.  The article had a photograph and was headlined “S.B. 20-30 Club Seeks To Reduce Car Thefts.”

Members of 20-30 Club No. 3 have taken on the project of helping to reduce car thefts in San Bernardino.

Hundreds of motorists Saturday will find yellow cardboard key replicas under their windshield wipers with a warning that “keys in the car” is a direct invitation to auto thieves.

“The project is one of the many efforts of the 20-30 Club to help in building a better community,” said Lloyd E. Harmon, second vice president and project chairman.

Club officers pointed to recent statistics indicating that 55 per cent of juvenile crimes in the theft of cars are aided and abetted by persons leaving their keys in cars.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055

W: http://michaelreiterlaw.com

Progress on the construction of the new San Bernardino District Courthouse

Here is a link to a photograph that I took on July 3, 2013.

I have taken a series of the photographs during construction every time I go to court (and when I remember to do so).

The construction is continuing apace. According to the Administrative Office of the Courts , the Courthouse is scheduled to open in the second quarter of 2014.

One interesting fact that I did not know according to that site is that the address is actually going to be on second street – 247 West 2nd Street to be exact.

Address: 1255 W. Colton Ave. Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055

Leaving Your Keys In the Ignition In Your Car In San Bernardino: It’s Against the Law (and you’ll be fined $2 before P&As).

By Michael Reiter, Attorney at Law

When I was a Deputy City Attorney for the City of San Bernardino, I never once saw this section enforced, with its circa 1964 $2 fine:

10.16.140 Removal of ignition key.
A. It is unlawful for any person having charge or control of a motor vehicle to allow
such vehicle to stand upon any street, alley or parking lot upon which there is
no attendant, when such motor vehicle is unattended, without first locking the
ignition of the vehicle and removing the ignition key from such vehicle.
B. Any person convicted under this section shall be punished by a fine of not less
nor more than two dollars; and such person shall not be granted probation by
the court, nor shall the court suspend the execution of the sentence imposed
upon such person.
(Ord. MC-460, 5-13-85; Ord.3880 §2 (part), 1980; Ord.2613,1964; Ord. 1652 Art. 4 §14, 1941.)

What’s the background on this law?

First, the 1941 ordinance, Ordinance 1652 is available online.  The ordinance repeals a variety of ordinances and adopts an overarching scheme for regulating traffic in the City of San Bernardino. Difficulty?  Article 4 has no section 14.  Another added difficulty, is that I didn’t see any similar language anywhere in the text of the ordinance. However, the language (especially the two dollars) sounds archaic.

The Municipal Code annotation is incorrect, because the section does not come from Ordinance 1652 as originally adopted.  Ordinance 2613 from 1964 amended Ordinance 1652 by adding section 14.  There is no legislative history or findings in the ordinance itself (and there are no minutes online), which reads in pertinent part:

 SECTION FOURTEEN: No person having charge or control of a
motor vehicle shall allow such vehicle to stand upon any street,
alley or parking lot upon which there is no attendant, when such
motor vehicle is unattended, without first locking the ignition
of said vehicle and removing the ignition key from such vehicle.
Any person convicted under this Section shall be punished
by a fine of not less nor more than Two Dollars ($ 2. 00); and such
person shall not be granted probation by the Court, nor shall the
Court suspend the execution of the sentence imposed upon such
person.

Ordinance 3880 (November 20, 1979) (not 1980 as shown in the annotations), Section 2 amended Section 14 to be titled SECTION FOURTEEN: Removal of Ignition Key.

The ordinance was codified in 1980, I believe, but I have not seen that ordinance.  It divided it into section (a) and (b), capitalization was changed, as was the reference to ($2.00) in section (b).

MC-460, Section 120, enacted May 15, 1985, amended the codified version, 10.16.140(a) to read:

A. It is unlawful for any person having charge or control of a motor vehicle to allow
such vehicle to stand upon any street, alley or parking lot upon which there is
no attendant, when such motor vehicle is unattended, without first locking the
ignition of the vehicle and removing the ignition key from such vehicle.

The backup from the City Attorney’s Office included removing archaic laws, but apparently, section B remained.

Item 7i on the July 2, 2012 agenda included a re-adoption of this section as part of a cleanup regarding reorganized departments, however, upon watching the video of that meeting (there does not appear to be minutes available online), it was tabled on a 7-0 motion by Council Member Wendy J. McCammack because of the need for further reorganization by the City Manager.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055

W: http://michaelreiterlaw.com

Friday Aside: How Many Ways Can San Bernardino Be Misspelled?

By Michael Reiter, Attorney at Law

San Bernardino is often misspelled by both residents and non-residents alike.  One of the reasons is that it is sometimes pronounced “San Berdino” or “San Bernadino,” so sometimes people spell it that way.  The easy way to remember how to correctly spell San Bernardino is to think of the English analogue of San Bernardino: Saint Bernard, like the dog.  (Of course, San Bernardino is named not after the dog, but after Saint Bernardine of Sienna, since it was (allegedly) named on the Saint’s Feast Day, May 20, 1810.  However, there are multiple ways to misspell San Bernardino, and they still seem to lead to my blog.  Here are some of them in my recent logs:

  • sanbernardino
  • san berardino
  • san bernadiino

Another site, in reference to the ski resort in Europe says these are common misspellings:

San-Bernardino, San-Bernardo, Sanbarnadino, Sanberadino, Sanberandino, Sanberardino, Sanberdadino, Sanbernadeno, Sanbernadino, Sanbernandino, Sanbernardino, Sanbernardo, Sanberndino, Sanbernidino

A hotel booking site gives these misspellings:

Sn Berardino Bernadino Berdino Bernidino Ber. Bernardido Bernnado Bemardino Sanbernardino

Search engines correct many spelling sins.  Most of these will get (the correctly spelled) San Bernardino in results.  You have to go outlandish to not get San Bernardino: for example, “San Buhnudano.”  However, “Sab ernardino” goes to San Bernardino results, as does “Ban Sernardino” for the intoxicated searcher.  “Sn barnadono” suggests, among others, San Bernardino. Phonetic spelling also works, such as “Sayn buhrnadino” and just “barnardayno” works.  In getting to the San Bernardino Superior Court Website, you can search bernardino superior in Google, press “I’m feeling lucky” and get to the site.

However, some of the misspellings do go to websites if you choose to search the mistyped to go to a search result:  For example, “San Bernadeno”
The San seems easy, even though it is not an English word.  Though, “Sam Bernardino” amusingly, when searching that in Google, brings up San Bernardino Valley College’s Facebook Page.

Puns work sometimes: for example, Tan Bernardino does not, but San Burnadino does (it’s also a legitimate search term in its own right), like Sam Bernardino.

There are also intentional misspellings San Berna[obscenity] (the most famous being a bigoted phrase) or the nonsense San Bernadingo, but I won’t include them here.  I would estimate that half of the misspellings are unintentional (bad typing, typing on a mobile device), and the others are mishearing or not knowing how to spell San Bernardino.

The information you obtain at this blog is not, nor is it intended to be, legal advice [in particular, this post]. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055

New San Bernardino Superior Court Telephone Numbers

The San Bernardino Superior Court updated its information technology recently and there are new telephone numbers, and here is a link.  The list linked in this post reads that it was revised July 12, 2011.

Blind Operators of Vending Facilities in California

By Michael Reiter, Attorney at Law

I was a file clerk/runner for Milligan and Beswick in San Bernardino over twenty years ago.  Part of my job was to file pleadings with the court.  I became fairly intimate with the building at 351 North Arrowhead Avenue.  In the early 1990s, there were no metal detectors at the court.  You could easily run into the court and then back out.

I would sometimes get lunch for people in the office from the courthouse cafeteria.   It was run by a blind operator.   I would also sometimes buy snacks from the other blind operator (his sight was only somewhat impaired).  I remember buying popcorn, peanut M&Ms and six ounce Pepsi Colas in bottles (which by the early 1990s were not easy to come by) from the operator located next to the main stairway in the old courthouse.  I recall that he also sold hot dogs of the sort you could find in a movie theater.

For Federal facilities, there is the Randolph-Sheppard Vending Stand Act.  Its purpose is for “providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this chapter shall be authorized to operate vending facilities on any Federal property.”  20 United States Code section 107.

For California state property, the Legislature adopted a similar program for “the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under this article shall be authorized to operate vending facilities on any property within this state as provided in this article. In order to administer this article, the director shall establish and promote the Business Enterprises Program for the Blind.”  California Welfare and Institutions Code section 19625.

The Business Enterprises Program for the Blind is run by the California Department of Rehabilitation.   Program information can be found at the Business Enterprise Program Website.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055

 

 

 

Inspection Warrant and Abatement Warrant Requirements for Inspecting Private Property in San Bernardino County, California

By Michael Reiter, Attorney at Law

Do code enforcement officers need a warrant to inspect private property in San Bernardino County (including incorporated cities and towns in San Bernardino)?  The best practice is to obtain an administrative warrant if the owner/occupant refuses consent to inspect.  Generally, an administrative warrant is not needed if the conditions can be observed from the public right-of-way, or an adjoining property (with permission), and no physical entry onto the property occurs.

When I was a Deputy City Attorney for the City of San Bernardino, California and the Assistant City Attorney for the City of Redlands, California, a good deal of my time was spent on code enforcement.  Both cities emphasized the need for a warrant to inspect and/or abate private property when permission to inspect was denied.  As a private attorney representing private citizens and business entities, some other Inland Empire cities are not as respectful of citizen’s constitutional rights.

Generally, if consent from the property owner and the occupant cannot be obtained before entering private property that is not open to the public, code enforcement officers should obtain an administrative inspection/abatement warrant from the San Bernardino County Superior Court.  Because the United States Constitution’s Fourth Amendment gives property owners and other occupants an expectation of privacy, an inspection warrant is needed.

The Ninth Circuit Court of Appeals, in Connor v. Santa Ana, held that police officers could not legally enter fenced, private property to abate a nuisance without a warrant, even though the property owner had been provided with extensive administrative hearings.  In the absence of a property owner’s and occupant’s consent, barring exigent (emergency) circumstances, government officials engaged in the inspection of private property or abatement of a public nuisance must have a warrant to enter that private property where such entry would invade a constitutionally protected privacy interest.

The Fourth Amendment provides a high degree of privacy protection to the “curtilage” of a residence, the land immediately surrounding and associated with the residence.  However, the United States Constitution allows authorities to inspect open fields at will.  The “open fields” exception only applies to completely unfenced, unimproved property.

Therefore, code enforcement officers may visually inspect private property from the public right-of-way, or from areas that are open to the public such as parking lots, or from private property upon which the officers have obtained consent from the property owner and/or the occupant, depending on the factual circumstances.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.
A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055
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