CA · rules
Cal. Rules of Court, rule 8.300
Appointment of appellate counsel by the Court of Appeal
(a) Procedures
(1) Each Court of Appeal must adopt procedures for appointing appellate counsel for indigents not represented by the State Public Defender in all cases in which indigents are entitled to appointed counsel.
(2) Each court's appointments must be based on criteria approved by the Judicial Council or its designated oversight committee.
(b) List of qualified attorneys
(1) The Court of Appeal must evaluate the attorney's qualifications for appointment and, if the attorney is qualified, place the attorney's name on a list to receive appointments in appropriate cases.
(2) Each court's appointments must be based on criteria approved by the Judicial Council or its designated oversight committee.
(c) Demands of the case
In matching counsel with the demands of the case, the Court of Appeal should consider:
(1) The length of the sentence;
(2) The complexity or novelty of the issues;
(3) The length of the trial and of the reporter's transcript; and
(4) Any questions concerning the competence of trial counsel.
(d) Evaluation
The court must review and evaluate the performance of each appointed counsel to determine whether counsel's name should remain on the list at the same level, be placed on a different level, or be deleted from the list.
(e) Contracts to perform administrative functions
(1) The court may contract with an administrator having substantial experience in handling appellate court appointments to perform any of the duties prescribed by this rule.
(2) The court must provide the administrator with the information needed to fulfill the administrator's duties.
History
(Subd (b) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.) Rule 8.300 amended and renumbered effective January 1, 2007; repealed and adopted as rule 76.5 effective January 1, 2005. Advisory Committee Comment Subdivision (b). The "designated oversight committee" referred to in subdivision (b)(2) is currently the Appellate Indigent Defense Oversight Advisory Committee. The criteria approved by this committee can be found on the judicial branch's public website at www.courts.ca.gov/4206.htm.
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
c4e8b868b4e4ff740f0446da6c4303ac3640728960cca5348c41e422f8124343
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.