Justice does matter

We are a law firm providing representation in criminal and juvenile appeals for indigent clients in the San Jose area
(we are not the court of appeal)

  • Call (408) 241-6171

    Sixth District Appellate Program

The SDAP Way

A Passion for Justice

SDAP’s attitude toward the representation of indigents is that expressed in Von Moltke v. Gillies (1948) 332 U.S. 708:

“Undivided allegiance and faithful, devoted service to a client are prized traditions of the American lawyer. It is this kind of service for which the Sixth Amendment makes provision. And nowhere is this service deemed more honorable than in case of appointment to represent an accused too poor to hire a lawyer, even though the accused may be a member of an unpopular or hated group, or may be charged with an offense which is peculiarly abhorrent.” (Id., at pp. 725-726, fn. omitted.)

  • 36 Years Of Service

    Formed in 1988, SDAP's experienced panel....(read more

Image by David Sawyer - Palms and Courthouse St. James Park, San Jose, California. The St. James Square Historic

News From The Director

Wanted: SDAP Staff Attorney

SDAP is currently accepting applications from individuals interested in working as a full-time staff attorney. Employment will begin this summer. Like the rest of the SDAP staff, this position is subject to a hybrid work model, meaning that the employee must work at least two ...

Review Petitions Should Always be Filed as Criminal Cases

Recently, we have seen some dependency panel attorneys face difficulty in utilizing Truefiling to file review petitions in the California Supreme Court. When initiating a new case by filing an original petition – including a writ petition or petition for review – select “File” and ...
Practice Tools

Transferring Exhibits

Pursuant to California Rules of Court, rule 8.224, there are two methods for transferring trial court exhibits to the Court of Appeal: (1) a designation can be filed in the trial court; or (2) a motion can be filed in the Court of Appeal. Based ...
augment

Mandatory Form for Augment Motions

All motions to augment the record filed in the Sixth District Court of Appeal on or after November 13, 2017 must be accompanied by the court's fillable standard order form that can be found here. The court has given us the following guidance regarding three aspects of ...

Wanted: SDAP Staff Attorney

SDAP is currently accepting applications from individuals interested in working as a full-time staff attorney. Employment will begin this summer. Like the rest of the SDAP staff, this position is subject to a hybrid work model, meaning that the employee must work at least two days per week (including Thursdays) at SDAP’s office; the remainder …

Wanted: SDAP Staff Attorney Read More »

Review Petitions Should Always be Filed as Criminal Cases

Recently, we have seen some dependency panel attorneys face difficulty in utilizing Truefiling to file review petitions in the California Supreme Court. When initiating a new case by filing an original petition – including a writ petition or petition for review – select “File” and follow the on-screen prompts for making a submission. Very important …

Review Petitions Should Always be Filed as Criminal Cases Read More »

Transferring Exhibits

Often a key piece of evidence is an exhibit that is not in the clerk’s transcript. Counsel should be sure to move to transfer the exhibit to the court of appeal.

Mandatory Form for Augment Motions

All motions to augment the record filed in the Sixth District Court of Appeal on or after November 13, 2017 must be accompanied by the court’s fillable standard order form that can be found here. The court has given us the following guidance regarding three aspects of the form. First, near the top of page one, there …

Mandatory Form for Augment Motions Read More »

TrueFiling in the Sixth District

The Sixth District Court of Appeal requires electronic filing through TrueFiling. If you have not already done so, you must register with TrueFiling to electronically file documents in the court of appeal. TrueFiling is a private vendor that has contracted with the state to facilitate the electronic filing system. There is a fee for using TrueFiling, but …

TrueFiling in the Sixth District Read More »

Supporting Claims for Unbriefed Issues

The review of claims for research into unbriefed issues presents problems for claims reviewers at the projects and for members of AIDOAC who audit panel claims. The obvious problem is that, unlike other time that is claimed for preparation of motions, briefs and petitions, there is no work product to examine. Plus, the reviewer does …

Supporting Claims for Unbriefed Issues Read More »

When Referring to Minors, Sex Victims in the D.C.A.

The court of appeal prefers that a juvenile and parties in juvenile cases be referred to by their initials instead of the first name and last initial. The minor’s date of birth, address, and other identifying information should not be included. This would often include the names of the minor’s parents. The same rule applies …

When Referring to Minors, Sex Victims in the D.C.A. Read More »

No Issue Briefs in Dependency Cases

SDAP recommends the following procedure when appellate counsel cannot find an issue to brief in a dependency case. Counsel should file a brief that clearly indicates on the cover and in the text of the brief that no issue is being raised. The brief should include a statement of facts and case. It does not …

No Issue Briefs in Dependency Cases Read More »

Petitions for Review are Important

After receiving an adverse result in the Court of Appeal, it is the duty of appellate counsel to provide the client with a reasoned and well informed opinion as to whether to take a petition for review to the California Supreme Court. When should a petition for review be taken and what is the proper …

Petitions for Review are Important Read More »

Penalty Assessments: When a $100 Fine Equals $410 in Real Money

The Legislature has added a host of new penalty assessments that makes it more difficult to determine if the court imposed the correct fine. It is important to calculate the correct penalty assessment in order to determine if there is an issue on appeal or a potential adverse consequence. Penalty assessments are mandatory and can …

Penalty Assessments: When a $100 Fine Equals $410 in Real Money Read More »

Committed To Helping Our Panel Succeed

SDAP Resources

  • SDAP Manual

    SDAP Panel Manual, Compensation Manual, and Updates.

  • Research

    A comprehensive collection of key resources collected for SDAP panelists.

  • Practice Tools

    Filing Requirements, Directory, Appellate Practice, Motions, Briefs and Petitions.

  • News

    Stay current with news related to issues impacting SDAP.

  • Compensation Manual

    Statewide compensation policies and procedures

  • Samples

    Letters, Motions and Briefs in English, Spanish and Vietnamese.

  • Claims

    General Information, Rates and Guidelines, Forms, E-Claim Login.

  • CCAP MCLE Website

    Central California Appellate Program MCLE Training and Events.

Scroll to Top