Unless otherwise directed by the Chief justice, a
conference memorandum is prepared for each petition requiring conference
consideration or action.
Upon the filing of a petition, motion, or application,
the Calendar Coordinator, under the direction of the Chief Justice,
assigns it a conference date and refers it to one of the central
staffs or a member of the court for prepara- tion of a conference
memorandum as follows:
1. Petitions in or derived from criminal cases, to the criminal
. Applications for writs of habeas corpus
arising out of criminal proceedings, to the criminal central staff.
. Petitions for review of State Bar
proceedings pursuant to rule 952 et seq. of the California Rules
of Court and applications to the Supreme Court pursuant to article
V, section 8 of the California Constitution for a recommendation
regarding the granting of a pardon or commutation to a person
twice convicted of a felony, to the criminal central staff.
Petitions in civil cases, to
the civil central staff.
5. All other petitions and
applications, including overflow petitions that
cannot be handled by the existing central staffs,
to the six associate ustices and the Chief Justice
in rotation so that, at the end of a given period
of time, each justice will have been assigned an
equal number of petitions. Petitions for rehearing
after decision in the Supreme Court are referred
to a justice, other than the author, who concurred
in the majority opinion.
The recommendation set forth in a conference memorandum
will generally be one of the following: (1) 'Grant," (2) 'Grant
and Hold," (3) "Grant and Transfer,' (4) "Deny,'
(5) 'Submitted,' (6) 'Denial Submitted," and (7) 'Deny
and Depublish." The designation "submitted" is used
when the author believes the case warrants special discussion. The
designation "denial submitted" is used when the author believes
the petition should be denied, but nevertheless believes some ground
exists that could arguably justify a grant, or an issue is raised
that otherwise warrants discussion by the court. The designation
'deny and depublish' is used when the author does not believe the
decision warrants review, but nevertheless believes the opinion is
potentially misleading and should not be relied on as precedent.
(Note: the California Supreme Court, and its Staff Attorneys, repeatedly
failed to follow specific U.S. Supreme Court ruling on habeas corpus
petitions. If they had followed Federal Rules on habeas corpus petitions,
the California Supreme Court would have vacated San Francisco Judge
Kevin Ryan's illegal 16 years-to-life sentence imposed on Steven Nary.)
The author of the conference memorandum assigns it
to either the 'W' or the "B" list. Cases assigned to the
'T list include all those in which the rec- ommendation is to grant
or take affirmative action of some kind, e.g., 'grant and transfer"
or "deny and depublish,' or in which the author believes denial
is appropriate, but that the case poses questions that deserve special
atten- tion. Cases assigned to the 'B' list concern routine matters,
or application of settled law.
Conference memoranda are delivered by the author to
the Calendar Coordinator for reproduction and distribution to the
justices no later than the Tuesday of the week before the conference,
thus providing ample time for the justices and their staffs to review
the petition and the court's internal memoranda.
The court's calendar coordinator divides the weekly
conference agenda into an 'A' and 'B' list, based on the designation
appearing on each conference memorandum.
Matters appearing on the 'A7 list are called and considered
at the con- ference for which they are scheduled. Before or after
a vote is taken, any justice may request that a case be put over to
a subsequent conference within the jurisdictional time limit for further
study, preparation of a supplemental mem- orandum, or both. The time
within which action thereon must be taken will be extended pursuant
to rules 24 and 28 of the California Rules of Court, if necessary.
Matters appearing on the "B" list will be
denied in accordance with the recommendation of the memorandum, at
the conference at which they are scheduled, unless a justice requests
that a case be put over to a subsequent conference within the jurisdictional
time limit for further study, preparation of a supplemental memorandum,
In any case in which the petition, application, or
motion is denied, a jus- tice may request that his or her vote be
recorded in the court minutes.
When a justice is unavailable or disqualified to participate
in a vote on a petition for review or other matter and four justices
cannot agree on a disposi- tion, the Chief Justice, pursuant to constitutional
authority (Cal. Const., art. VI, § 6), assigns on a rotational
basis a Court of Appeal justice as a pro tempore justice to participate
in the vote on the petition or matter. The assigned jus- tice is furnished
all pertinent petitions, motions, applications, answers, memoranda,
and other material.