Buffin et al v. City and County of San Francisco et al

Filing 397

ORDER REGARDING EMERGENCY RULE 4 OF THE CALIFORNIA RULES OF COURT re 396 Notice (Other), filed by Riana Buffin, Vicki Hennessy, Crystal Patterson. Signed by Judge Yvonne Gonzalez Rogers on 4/13/2020. (fs, COURT STAFF) (Filed on 4/13/2020)

Case 4:15-cv-04959-YGR Document 397 Filed 04/13/20 Page 1 of 3

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DENNIS J. HERRERA, State Bar #139669
City Attorney
WAYNE K. SNODGRASS, State Bar #148137
JEREMY M. GOLDMAN, State Bar #218888
NEHA GUPTA, State Bar #308864
Deputy City Attorneys
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4682
Telephone: [phone] (Goldman)
[phone] (Gupta)
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]

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Attorneys for Defendant
SHERIFF PAUL MIYAMOTO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RIANA BUFFIN and CRYSTAL
PATTERSON, et al.,

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Plaintiffs,

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vs.

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Case No. C15-04959 YGR
[PROPOSED] ORDER REGARDING
EMERGENCY RULE 4 OF THE CALIFORNIA
RULES OF COURT

THE CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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[Proposed] Order Re Emergency Rule 4
CASE NO. C15-04959 YGR

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Case 4:15-cv-04959-YGR Document 397 Filed 04/13/20 Page 2 of 3

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Sheriff Paul Miyamoto and Class Plaintiffs have requested that this Court issue an order

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regarding the Final Judgment and Injunction, ECF #372, insofar as it may bear on Emergency Rule 4

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of the California Rules of Court. Emergency Rule 4 was adopted by the Judicial Council of California

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on April 6, 2020 in response to the COVID-19 pandemic. It requires each superior court, by 5:00 p.m.

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on April 13, 2020, to apply a new statewide “Emergency Bail Schedule,” which sets bail at $0 for all

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misdemeanors and felonies other than those enumerated in subdivisions (c)(1)-(13) of the rule.

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Subdivision (d) clarifies that courts retain the ability to deny bail pursuant to article I, section 12 or

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28(f)(3) of the California Constitution. Subdivision (g) provides that Emergency Rule 4 will remain in

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effect until 90 days after the Governor declares that the state of emergency related to the COVID-19

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pandemic is lifted, or until amended or repealed by the Judicial Council.

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The Final Judgment and Injunction does not prevent the Sheriff from enforcing the statewide

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Emergency Bail Schedule under Emergency Rule 4 insofar as it establishes an entitlement to release

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on $0 bail (including as qualified by the superior court’s authority to deny release on bail under the

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constitutional authority referenced in subdivision (d) of Emergency Rule 4). Such enforcement of the

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Emergency Bail Schedule is consistent with the Final Judgment and Injunction because the injunction

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enjoins the Sheriff from enforcing the San Francisco Superior Court’s Bail Schedule “or any form or

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derivative thereof that requires or has as its effect that the existence and duration of pre-arraignment

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detention is determined by an arrestee’s ability to pay.” Dkt. 372 at 2 (emphasis added). Under the

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Emergency Bail Schedule, where bail is set at $0 or is denied altogether, the existence and duration of

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detention is not determined by an arrestee’s ability to pay.

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Emergency Rule 4 also provides that each superior court’s bail schedule continues to apply to

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the offenses enumerated in subdivisions (c)(1)-(13) of the rule. Because the Sheriff’s enforcement of

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the San Francisco Superior Court’s bail schedule has been enjoined and the procedures in the Final

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Judgment and Injunction have taken its place, the Sheriff is required to continue to apply those

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procedures to eligible arrestees under the Final Judgment and Injunction who are not released on $0

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bail pursuant to the statewide Emergency Bail Schedule.

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[Proposed] Order Re Emergency Rule 4
CASE NO. C15-04959 YGR

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Case 4:15-cv-04959-YGR Document 397 Filed 04/13/20 Page 3 of 3

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IT IS SO ORDERED.

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April 13, 2020
Dated: _____________________
___________________________________
HON. YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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[Proposed] Order Re Emergency Rule 4
CASE NO. C15-04959 YGR

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