December 05, 2016, 14:20
Matthew MillsApplying 42.0181 &42.0183
I'm a newly-elected county attorney, set to take office in a month. I've been looking at CCP 42.0181 and 42.0183. One has a provision whereby you report theft offenses for people holding insurance licenses, and the other where you report family violence done by members of the military. My question is whether a prosecutor's office is supposed to search a list of insurance licensees for every theft case, and a list of everyone in the military for family violence cases. How else would there be proper reporting if we didn't run these searches?
December 05, 2016, 18:05
Jon EnglishCongrats on the election!
I think the short answer is that according to the statute it's on the court, not yours, to report that information. I know that doesn't do a lot of good if the court asks you to do it for them.
It's worth noting that I probably disposed of 600-700 theft and assault cases in the last year and this is the first I've ever heard of this statute.
December 07, 2016, 13:57
Brent HaynesThe Servicemembers Civil Relief Act Website allows you to view and print certificates of active duty military status, as long as you have a DOB or SSN to go with the name. I do this regularly when filing for civil default judgments.
https://scra.dmdc.osd.mil/