Law & Motion Unit
During the summer months, the Unit is augmented with second year law clerks, whose summer clerkships are supervised in this unit.
In the fall, the Unit is augmented with third year law clerks who are awaiting bar results prior to their assuming the positions of Deputy District Attorneys.
The Law & Motion Unit of Superior Court Operations is responsible for litigating pre-trial motions on trial-team felonies that have reached the trial jurisdiction of the Superior Court.
We research, write and argue these motions in the criminal calendar departments of the Superior Court.
The vast majority of these motions are motions to dismiss brought pursuant to Penal Code section 995 and motions to suppress evidence brought pursuant to Penal Code section 1538.5. Many motions are non-evidentiary, but an increasing number of motions are evidentiary motions with live testimony.
The Law & Motion Unit also handles habeas corpus writs in which the superior court has issued an order to show cause requiring a return to be filed.
Finally, the Law & Motion Unit handles a number of appellate cases. Some of these appellate cases are People’s appeals or petitions for writs that our Unit has filed to challenge adverse trial court rulings. In a selected number of cases we choose to represent the People in the appellate courts on defense appeals and writs.