Opinion
S284496
09-11-2024
OFFICE OF THE STATE PUBLIC DEFENDER v. BONTA (ROB)
Supplemental briefing ordered
Petitioners and the Attorney General are directed to serve and file briefs on or before October 28, 2024, addressing the following issues:
1. On what ground or grounds, if any, does each petitioner have standing to challenge the prosecution, imposition, and execution of all death sentences in this state?
2. Have petitioners alleged facts that, if proven true, would establish a violation of the California Constitution (art. I, §§ 7, 17) and entitle them to all or part of the relief they seek, including an order prohibiting all future capital prosecutions and the enforcement or execution of any death sentence previously imposed? How, if at all, does article I, section 27 of the California Constitution affect this determination? How, if at all, does the classification of this matter as an as-applied or a facial challenge affect this determination?
3. What parties are necessary to properly consider the requested relief and effectuate it, if warranted?
Any application to file an amicus curiae brief (see Cal. Rules of Court, rule 8.520(f)) must be served and filed on or before November 12, 2024.
Petitioners and the Attorney General each may serve and file a reply brief on or before November 26, 2024.
Petitioners' “Motion to Seal Portions of Applications for Admission Pro Hac Vice,” filed April 18, 2024, is granted. In ordering this sealing, this court makes the findings required by California Rules of Court, rules 2.550(d)-(e) and 8.46(e). The Clerk is directed to file under seal the unredacted applications to appear as counsel pro hac vice described below, received on April 18, 2024.
The applications of Angela S. Boettcher, Amber Koonce, Patricia Okonta, Pamela Quanrud, Claudia Van Wyk, and Seth Waxman for admission pro hac vice to appear on behalf of petitioners are granted. (See Cal. Rules of Court, rule 9.40.)