On Monday morning, the Supreme Court will file its opinion in Steen v. Appellate Division.
Steen, which was argued in June, raises the issue whether a misdemeanor conviction for failure to appear in court on a traffic infraction should be vacated on the ground that Penal Code section 959.1, subdivision (c)(1), violates the separation of powers doctrine (Cal. Const., art. III, section 3) by permitting a clerk of court, rather than a prosecutor, to issue a complaint “for the offenses of failure to appear, pay a fine, or comply with an order of the court.” The court asked for supplemental briefing regarding (1) whether Penal Code section 959.1, subdivision (c), violates due process (see U.S. Const., 14th Amend.; Cal. Const., art. I, § 7), and (2) whether the prosecution in the case was not commenced within the statute of limitations (see Pen. Code, §§ 802, subd. (a), 804).
Atypically, the superior court’s appellate division has been an active participant in this case at the Supreme Court level, but not without effort. The appellate division first had to fend off a motion by the petitioner to exclude it as a party and then fought the prosecution for the right to go first at the oral argument.
The opinion can be viewed Monday starting at 10:00 a.m.
