Eastern District of California Blog

EDCA Announces Amended Shackling Local Rule

On Friday, the EDCA filed General Order 483 with this Amended Local Rule 401 regarding shackling of defendants in criminal court proceedings, effective immediately.  It's not immediately apparent how this differs from the prior rule.  The notice and comment period to this amended rule ends February 11, 2010.  Interested practioners can email comments directly to the court here:  email comments to amended rule  

Ninth Circuit Remands EDCA Shackling Policy Case To Out-Of-District Judge

In U.S. v. Brandau, (download here), the Ninth Circuit, in light of possible changes to the EDCA's official policy of shackling defendants at their initial court appearances, took the highly-unusual step of remanding two consolidated appeals challenging the policy "to a district judge outside the Eastern District of California to conduct an evidentiary hearing regarding the present shackling practice at initial appearances and to determine in the first instance whether this consolidated case is now moot."  Slip Op. 11557, at 11561. The Court's opinion, authored by Judge Stephen Reinhardt, also noted that the judges of the Eastern District "may, at their discretion, decide to retain separate counsel to represent their interests at that proceedings, as the Assistant United States Attorney stated at oral argument that she does not represent the court.  Similarly, on remand, the Eastern District judges may wish to intervene in the proceedings, to file an amicus brief, or to decline to participate at all, as they see fit."  Slip op. 11557, at 11569.

Former Fresno AFD Robert Rainwater, now in private practice in Eugene, Oregon, argued the appeal for the defendants.