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.
A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

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.

 

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

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.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

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: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

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.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

The State of the Courts in San Bernardino County 2013

By Michael Reiter, Attorney at Law

The short answer is that the Courts are not in good shape, according to Presiding Judge Marsha Slough.  The San Bernardino Sun was at the San Bernardino County Bar Association Annual Meeting (the link will probably be good for a week or so after this post).

 

Because I am Director at Large of the San Bernardino County Bar Association, I sat at the front table.  The Sun online had this picture.  The caption online (once the link didn’t work) is “Presiding judge of the San Bernardino Superior Court Marsh [that’s what it says] Slough, speaks at the Annual Meeting of the San Bernardino County Bar Association Thursday June 27, 2013 at the San Bernardino Hilton Hotel in San Bernardino.”

I am in the picture, and I’m sitting next to Bill Shapiro.

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: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

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: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

W: http://michaelreiterlaw.com

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