“Numerous statutes and court rules regulate court facilities and proceedings. For example: Proceedings in English. Every written proceeding in a court must be conducted, preserved, and published in the English language. No Smoking. Smoking is prohibited in all court facilities, meaning courthouses and all areas of multi-purpose buildings used for court operations. Prevention of bias and ensure fairness. Courts have a duty to preserve ensure the integrity and impartiality of the judicial system, which means they must refrain from and prohibit prevent biased conduct, ensure fairness, and ensure unbiased decisions. Accommodation for Persons with Disabilities. Accommodations should be made in court proceedings whenever possible for persons with disabilities (including furnishing auxiliary aids and services such as equipment, devices, material in alternative formats, interpreters, and readers) at no charge, unless the accommodation would create an undue financial or administrative burden or fundamentally alter the nature of the service, program or activity involved. Applications requesting accommodations may be presented ex parte on a form approved by the Judicial Council or orally.
Court proceedings typically take place in the courtroom of a courthouse located in the county where the action is pending. However, the court has authority to provide alternative arrangements when emergency situations prevent court proceedings from going forward at their regular location. A judge may conduct certain proceedings in “chambers.” The term “chambers” not only means a room adjacent to a courtroom in which a judge performs the duties of the office when his or her court is not in session, but has been extended to include any place either in or out of the courtroom at which a judge may hear applications or make orders while the court is not in session, in matters pending before the court. A judge may conduct proceedings in chambers anywhere within the state. A judge may do the following in chambers: Hear and determine orders and writs that are usually granted on ex parte application. Hear and determine various probate matters. Hear and determine motions for a new trial or to vacate judgment. Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court, except actions for dissolution of marriage, for legal separation, for a judgment of nullity of the marriage, or for confirmation of sale of real property in probate proceedings. Hear and determine motions to tax costs of enforcing a judgment. Approve bonds and undertakings. Additionally, a judge may issue an order in chambers that there is a controlling question of law as to which appellate resolution may materially advance the conclusion of the litigation. In addition, a judge may instruct the clerk in chambers to perform a ministerial act, such an entering an order.
Generally, civil proceedings are “presumptively” open to the public. Indeed, the First Amendment provides a right of access to ordinary civil trials and proceedings, and CCP 124 providing for public access must be applied accordingly. Public access plays an important and specific structural role in the conduct of civil court proceedings in several ways, such as by: (1) demonstrating that justice is meted out fairly, thereby promoting public confidence in governmental proceedings; (2) providing a means by which citizens scrutinize and check the use and possible abuse of judicial power; and (3) enhancing the truth-finding function of the proceeding. The above notwithstanding, a court may consider closing courtroom proceedings to the public, but only after notice to the public of the contemplated closure. Furthermore, before substantive courtroom proceedings are closed or transcripts are ordered sealed, a court must hold a hearing and expressly find all of the following: (1) there exists an overriding interest supporting closure and/or sealing; (2) there is a substantial probability the interest will be prejudiced absent closure and/or sealing; (3) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (4) there is no less restrictive means of achieving the overriding interest.
Although the public and press have a statutory and constitutional right to attend civil proceedings in court, that right has not been extended to include the right of the press to electronically record and broadcast court proceedings. Through enactment of Rules of Court 1.150, California has taken a deliberate and thoughtful approach to accommodate the competing interests of the parties’ rights to privacy and a fair trial versus the public’s right to scrutinize court proceedings through media coverage (photographing, recording, or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment). Under Rules of Court 1.150, the parties must be notified when a request for media coverage is filed at least 5 court days before the court proceeding to be covered. Thereafter, the court may hold a hearing on the request or rule on the request without a hearing. Before ruling, the court must consider the following factors: The importance of maintaining public trust and confidence in the judicial system. The importance of promoting public access to the judicial system. The parties’ support of or opposition to the request. The nature of the case. The privacy rights of all participants in the proceeding, including witnesses, jurors, and victims. The effect on any minor who is a party, prospective witness, victim, or other participant in the proceeding. The effect on the parties’ ability to select a fair and unbiased jury. The effect on any ongoing law enforcement activity in the case. The effect on any unresolved identification issues. The effect on any subsequent proceedings in the case. The effect of coverage on the willingness of witnesses to cooperate, including the risk that coverage will engender threats to the health or safety of any witness. The effect on excluded witnesses who would have access to the televised testimony of prior witnesses. The scope of the coverage and whether partial coverage might unfairly influence or distract the jury. The difficulty of jury selection if a mistrial is declared. The security and dignity of the court. Undue administrative or financial burden to the court or participants. Interference with neighboring courtrooms. Maintaining orderly conduct of the proceeding. Any other factor the judge deems relevant. Rules of Court 1.150 does not create a presumption for or against granting permission for media coverage of court proceedings. The court has discretion to permit, refuse, limit, or terminate media coverage. However, the court may never permit media coverage of the following: Proceedings held in chambers. Proceedings closed to the public. Jury selection. Jurors or spectators. Conferences between an attorney and a client, witness, or aide; between attorneys; or between attorneys and the judge at the bench.
Every full day designated as a holiday by GC 6700, including that Thursday of November declared by the president of the United States to be Thanksgiving Day but excluding Admission Day, and any other day appointed by the president of the United States but not by the governor, are court holidays. Holidays listed in GC 6700 that are court holidays include [CCP 135]: Every Sunday. January 1st. The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.” February 12th, known as “Lincoln Day.” The third Monday in February. March 31st, known as “Cesar Chavez Day.” The last Monday in May. July 4th. The first Monday in September. The second Monday in October, known as “Columbus Day.” November 11th, known as “Veterans Day.” December 25th. Good Friday from 12 noon until 3 p.m. Saturdays and the day after Thanksgiving are also court holidays. When a specified holiday falls on a Sunday, the following Monday is a holiday, and when Veterans Day falls on a Saturday, the preceding Friday is a holiday. If other general holidays fall on Saturday, a county board of supervisors may provide for an alternate holiday for county employees. Furthermore, if a judicial holiday falls on a Saturday or Sunday, the Judicial Council may designate an alternative day. Although courts generally will not transact judicial business on court holidays, they may do so [CCP 134]: To give instructions to a jury during deliberations. To receive a verdict or discharge a jury. To do arraignments or exercise of the powers of a magistrate in a criminal action or in a criminal proceeding. To conduct Saturday small claims court sessions. To issue injunctions and writs of prohibition. Furthermore, the judges of the court may elect for the court to remain open for the transaction of any business on a judicial holiday or at any hour of the day or night.”
[California Civil Courtroom Handbook & Desktop Reference [certain citations omitted]]
