LAKE COUNTY
New emergency rules aimed at reducing county jail populations adopted
The California State Judicial Council adopted several new emergency rules on Monday April 6. In order to reduce county jail populations, Emergency Rule 4 establishes a Mandatory Statewide Bail Schedule effective no later than 5 pm Monday April 13. Application of the revised bail schedule is mandatory for every Superior Court in the state.
The new Bail Schedule sets bail at $0 for all misdemeanors and felony offenses except for certain listed offenses. Exceptions include all serious or violent felonies, felony and misdemeanor domestic violence offenses, violations of domestic violence protective orders, registerable sex offense violations, possession of a firearm by a felon, felony looting, felony criminal threats and driving under the influence offenses. For a complete list of offenses that will not be eligible for $0 bail go to www.courts.ca.gov.
Nothing in the Emergency Bail Schedule restricts the ability of the court to deny bail under the California State Constitution Article I, section 12 or 28(f) (3) which means when setting, reducing or denying bail, Superior Court Judges can take into consideration the protection of the public, the safety of the victim, the seriousness of the offense, the previous criminal record of the defendant and the probability of the defendant’s appearance at trial or hearing of the case.
“We are in unchartered territory in many aspects of our everyday lives,” noted Lake County District Attorney Susan J. Krones. “The COVID-19 virus has impacted every institution including the courts in how business is conducted in order to enforce social distancing and protect and safe lives. Due to this new Emergency Bail Schedule, I expect that a number of pretrial inmates will be released from the Lake County Jail.”
Krones added that any of these released inmates will be given new court dates to appear and if they fail to appear without good cause, the D.A.’s office will be filing new charges for that failure to appear. “In addition, once the order is lifted we will request bail revert back to the previous amount in appropriate cases. I want to ensure the people of Lake County that as your District Attorney I will do everything I can to protect our community in these difficult times.”
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SAN FRANCISCO
Support for PG&E’s settlement with wildfire victims and its plan for reorganization
PG&E Corporation and Pacific Gas and Electric Company (together, “PG&E”) today shared the following statements of continued support for its settlement agreement with wildfire victims and the company’s Plan of Reorganization (“the Plan”). PG&E’s Plan treats all victims fairly, protects customers, and will enable PG&E to emerge from Chapter 11 as a financially sound utility positioned to pay victims as soon as possible and support California for the long term.
In December 2019, PG&E reached the settlement that provides for approximately $13.5 billion to be transferred to a trust to pay the victims from wildfires in 2015, 2017, and 2018 pursuant to the terms of PG&E’s Plan. That settlement was supported by the Official Committee of Tort Claimants and firms representing wildfire victims holding approximately 70 % of more than 70,000 wildfire claims filed.
PG&E previously reached settlements with two other major groups of wildfire claim holders that are provided for in the Plan — a $1 billion settlement with certain cities, counties, and other public entities, with over $500 million of that amount to go to Butte County agencies, and an $11 billion settlement with insurance companies and other entities that have already paid insurance coverage for claims relating to the 2017 and 2018 wildfires.
The demonstrations of support for the settlement with wildfire victims and PG&E’s Plan of Reorganization include:
“Since PG&E settled with victims, the company has won broad support for its plan of reorganization, including from the Governor. Now all that’s standing between victims and the payment they’ve waited so long for is approval of the plan. The settlement PG&E reached with victims in December is the best option for getting victims paid fairly and quickly. The best way forward for victims is to support confirmation of PG&E’s Plan,” said Erin Brockovich, consumer advocate.
“The settlement we reached with PG&E remains the best option for getting victims paid as soon as possible. This compensation is long deserved. Withholding support for the plan of reorganization would only delay payments even further, and I urge victims to support the settlement and the plan,” said Joseph Earley, fire victim and attorney representing 11,000 other victims.
PG&E’s Plan remains subject to approval by the California Public Utilities Commission and the Bankruptcy Court. The Bankruptcy Court is scheduled to hold a hearing on the confirmation of PG&E’s Plan on May 27, 2020, following a vote solicitation process for relevant parties that is now underway.
A copy of the Bankruptcy Court-approved disclosure statement with respect to the Plan can be accessed online at https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MzM5MzQx&id2=0. All parties are encouraged to review the disclosure statement.
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WASHINGTON D.C.
Thompson, Schiff, Davis laud Fed announcement to temporarily lift bank restrictions
Today Rep. Mike Thompson (D-CA), Rep. Adam Schiff (D-CA) and Rep. Susan Davis (D-CA) lauded the announcement by the Federal Reserve that it will temporarily lift restrictions that had previously made it difficult for Wells Fargo small business customers to access the resources provided in the CARES Act to cope with disruptions due to Coronavirus. The Members had previously written to the Chairman asking him to make this kind of change.
“The Federal government must be doing everything in its power to help small businesses who have been hit hard financially by the Coronavirus, including easing restrictions that could have locked some small businesses out of the emergency loan programs,” said Thompson.
“I’ve heard from many small businesses and nonprofits in my community who were struggling to access Paycheck Protection Program (PPP) loans, in particular through Wells Fargo, given the restrictions placed on that bank after it failed so many consumers in its business practices. Notwithstanding the need to maintain careful oversight of Wells Fargo, their small business customers should not suffer from lack of access to PPP,” said Schiff.
“We are in an ‘all hands-on deck’ moment and banks in a position to help people should not be on the sidelines,” said Davis. “I’m pleased the Federal Reserve has relaxed these rules to ensure that small businesses that need relief get that help.”
You can read the full announcement from the Federal Reserve online at https://www.federalreserve.gov/newsevents/pressreleases/enforcement20200408a.htm
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