AB 122

Current law requires that a person seeking supreme court review of an adverse

court of appeals decision file a petition for review within 30 days of the court of

appeals decision. Current law also provides a procedure for seeking reconsideration

of a court of appeals decision, but does not toll the time to file a petition for review

while the motion for reconsideration is pending. This bill tolls the time for filing a

petition for review while a timely motion for reconsideration is pending in the court

of appeals. The bill establishes revised time limits within which a petition may be

filed, amended, or withdrawn, and within which an opposing party may respond,

following the court of appeals determination of the motion for reconsideration.

Under current law, if an attorney who was appointed to represent a client is of

the opinion that a petition for review in the supreme court would be frivolous, he or

she must advise his or her client of the reasons for that opinion and that the client

may file a petition for review. If the client decides to appeal to the supreme court,

the attorney shall file a petition for review that includes the facts and procedural

status of the case, the dispositions of the case in the lower courts, and an appendix

containing the judgments, orders, findings of fact, conclusions of law, and other

decisions necessary for an understanding of the petition. The client files a

supplemental petition containing the statement of the issues and arguments in the

case. The petition and supplemental petition must be filed in the supreme court

within 30 days after the decision or order of the court of appeals.

This bill prohibits the filing of a petition or supplemental petition in the

supreme court until after the court of appeals issues a response to a timely motion

for reconsideration of its decision or order. If a person filed a petition or supplemental

petition in the supreme court before the court of appeals issued a response to a timely

motion for reconsideration, the bill requires the person to file a notice affirming,

withdrawing, or amending the pending petition or supplemental petition, within 14

days after the court of appeals decision. If a petition or supplemental petition in the

supreme court was made before the court of appeals issued a response to a motion

for reconsideration, and that motion was denied, the bill allows the other party 14

days after the court of appeals denial to file a response to the petition or supplemental

petition. The bill gives that party the same 14-day period to respond to a petition

or supplemental petition filed after the motion for reconsideration was denied, or

after the petition or supplemental petition was affirmed or amended in response to

an amended court of appeals decision, after reconsideration.