AB 2448 (Feuer)

1. AB 2448 (Feuer) Fee Waivers

2. History • Issue that arose in enhanced collections discussions • Subcommittee formed to look at fee waivers • Becomes Fee Waiver Working Group • All stakeholders represented

3. Fee Waiver Working Group • Chaired by Hon. Carolyn Kuhl and Michael Planet • Included judges, court staff, and legal services providers • Initial focus on collections • Also identified need to enhance consistency in existing practice

4. AB 2448 (Feuer, 2008) • Most provisions in AB 467 (Feuer) (vetoed 2007) • AB 2448 differences • for incomplete applications – no right to hearing • Delayed implementation until July 1, 2009 • Government Code 68630 et seq.

5. Eligibility • Same three categories as in existing law • New public benefit programs added to the existing list including Medi-Cal, IHSS, and immigrant assistance programs

6. Application • Application under penalty of perjury • Court cannot require proof of benefits, identification, or personal appearance at filing of application

7. Counsel advancing costs • Requires that an applicant represented by non-legal services counsel advancing costs indicate on the application and the court set a hearing to determine if waiver needed

8. Incomplete applications • Requires a clerk to accept all applications • Can request completion, but not refuse to file the application or papers

9. Denial of application • Cannot be delegated to clerk • Order must be on JC form, include specific reasons for denial, and opportunity to request a hearing except… • Incomplete application can only be resubmitted

10. Hearing required • If court doubts veracity of application • If application does not conclusively establish ineligibility • 10 days notice + reasons for hearing

11. Partial payment • Only if applicant is not eligible for full waiver • Partial denial only with notice and opportunity to be heard • Alternatively can order payments over time

12. Changed circumstances • Limits reconsideration to every 6 months & at final disposition • Requires 10 days written notice • Before disposition, notice must contain reasons for hearing

13. Effect of reconsideration • If court finds applicant was not eligible at filing, waiver retroactively withdrawn • If court finds not eligible after filing, can prospectively withdraw waiver from that date

14. Using court in bad faith • New authority for court to limit the services for which fees are waived if court finds litigant is acting in bad faith

15. Adding fees to judgment • Mandatory if the party with waived fees is the CCP 1032 prevailing party • Except: Unlawful Detainer, Family Law, and 2-fee-waivers cases are exempt

16. Lien on settlement • Court has lien for fees on any settlement of $10,000 or more • Court can refuse to enter dismissal until lien satisfied • Court must provide information re amount of waived fees, so party can be informed of amount due.

17. Family law only provisions • Court must consider ordering other party to pay fees • Court must consider at judgment whether applicant can now pay fees • Any party ordered to pay gets notice & opportunity to be heard

18. Duration • Fee waiver expires 60 days after judgment, dismissal, or other final disposition of case

19. New rules and forms • New rules and forms were developed by Civil & Small Claims, Family/Juvenile, and Appellate Advisory Committees • Approved and adopted by Judicial Council as of April 24, 2009 • July 1 effective date.