ORANGE COUNTY DISTRICT ATTORNEY APPELLATE & TRAINING UNIT

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1 ORANGE COUNTY DISTRICT ATTORNEY APPELLATE & TRAINING UNIT 2015 TRAINING PERFORMANCE REPORT & PLAN

2 CONTENTS INTRODUCTION...1 NEEDS ASSESSMENT...1 Organizational Needs Assessment...2 Continuous Needs Assessment...4 LIVE TRAINING...4 Professionalizing Training...5 Orange County Prosecutor s Academy...5 Office-Wide Trainings...6 Road-Show Trainings...8 Specialty Trainings...9 Outside Agency Trainings...9 PUBLICATIONS...11 Case Updates...11 Training Bulletins...11 Video Publications...12 Training Manuals...13 INTRANET RESOURCES...14 Learning Management System...14 Intranet Site...14 TRAINING MANAGEMENT...15 Policy Proposals...15 Performance Measures...15 Grant Funding...15 Search Warrant Examinations...16 Outside Training Resources...16 Employee Training Records...16 MCLE Provider Status...16 LAW CLERK-INTERN PROGRAM...17 Orange County District Attorney 2015 Training Performance Report & Plan i

3 INTRODUCTION In April 2015, the Appellate & Training Unit (ATU), formerly Law and Motion, was newly created to execute two over-arching functions on behalf of the Office of the District Attorney: 1) to continue the litigation of all motions, writs and appeals formerly prosecuted by the Law & Motion Unit; and 2) to develop and administer a full-time training division for the benefit of all office personnel and our law enforcement agency partners. The unit is supervised by an Assistant District Attorney that manages both functions of the unit. In addition to the Assistant District Attorney, the unit is staffed with an Assistant Head of Court, a Deputy District Attorney, and one paralegal devoted exclusively to the training function of the unit and eleven additional attorneys who perform training duties ancillary to their motion, writs and appeals responsibilities. The Training segment of the unit fulfills 6 principal responsibilities. Broadly stated, those responsibilities include: 1) the performance of training needs assessments; 2) the development and administration of live trainings; 3) the development, authorship and production of training publications in various formats; 4) the development and maintenance of digital training resources and a learning management system for attorney, paralegal and public administrator staff; 5) the management and administration of training resources, records, policies and performance evaluations; and 6) the administration of the Orange County District Attorney s (OCDA) law clerk and legal intern (LCI) program. The purpose of this report is three-fold: 1) To describe, in summary fashion, each one of these six principal functions of the Training segment of the ATU; 2) to identify those accomplishments which have been made in the past eight months since the inception of the unit; and 3) to describe the unit s training-related plans for the immediate future. NEEDS ASSESSMENT A training needs assessment is a systematic process of analyzing the performance needs of our office against the actual performance of our personnel in order to identify deficiencies in knowledge, skills, and attitudes that may be addressed through training and how best to structure that training. Conducting effective and continuous needs studies is fundamental to a Orange County District Attorney 2015 Training Performance Report & Plan 1

4 successful training program and, as such, it is the first function of Training in the ATU. pursuit of this function, the ATU performs these analyses at two levels: 1) through a comprehensive, organizational needs assessment; and 2) through continuous needs assessments. In ORGANIZATIONAL NEEDS ASSESSMENT In 2015, the ATU structured and began executing a comprehensive, organizational needs assessment. This office-wide study was designed to develop empirical data on training needs at every level of attorney experience and assignment and to identify the most effective manner in which to model our training efforts to service those needs. This study was structured to utilize five perspectives of information: 1) the regional survey; 2) the Assistant District Attorney interview; 3) the judicial interview; 4) the Appellate Unit assay; and 5) the deputy survey. 1. Regional Survey Between April and August 2015, the ATU began its organizational needs assessment by studying the training functions of every District Attorney s Office in our region, as well as the Alameda County District Attorney s Office and the United States Department of Justice. The management staff of the ATU personally visited or communicated with the training managers of the San Diego, Riverside, San Bernardino, Los Angeles and Alameda Counties District Attorneys Offices and well as an instructor for the Department of Justice s National Advocacy Center. The purpose of these meetings was for the ATU to become educated about the structure, function and approaches to training utilized by these various offices and to learn from their best practices. A great deal of information gleaned from this exercise has been utilized in the formation of the ATU s plans. These meetings have also served as a basis for developing relationships with our training counterparts for the on-going sharing of educational resources Assistant District Attorney Interviews Beginning in June 2015, the ATU embarked on effort to interview each of the 16 Assistant District Attorneys within the office. The purpose of these conversations was to identify, from the attorney-manager perspective, four things: 1) the training needs of the prosecutors under their supervision; 2) the priorities among those needs; 3) impediments, if any, to the effective delivery of training content to their prosecutors; and 4) their suggestions, if any, for improving the professional development of our prosecutors. 1 An excellent example of our efforts at shared resources has been realized in our prosecutor exchange discussed further at pages 6-7 below. Orange County District Attorney 2015 Training Performance Report & Plan 2

5 In 2015, the ATU completed the interviews of the felony panel and every branch court Assistant District Attorney. In most instances, these interviews also involved an interview of the unit s Assistant Head of Court. As will be discussed further herein, the information learned from this exercise thus far has already shaped the training curriculum and structure in many meaningful ways. In 2016, the ATU will continue this effort by conducting similar interviews of all vertical unit Assistant District Attorneys. 3. Judicial Interviews In an effort to develop an outside perspective on attorney performance and training needs, the ATU conducted a series of judicial interviews as well. Between May and November of 2015, the ATU interviewed 15 bench officers across a variety of criminal court assignments. The purpose of these interviews was to identify knowledge and performance areas among our prosecutors that could benefit from improved training. The information learned from these interviews has similarly shaped our present curriculum and future plans in a various ways. 4. Appellate Unit Assay The attorneys assigned to the Appellate section of the ATU occupy a unique position in the office. In the performance of their duties, these deputies sit in review of police officer and fellow prosecutor performance. Annually, these attorneys litigate hundreds of motions, writs, and appeals. In the majority of instances, they are called upon to review the conduct of their fellow prosecutors in prior proceedings (e.g., filing decisions, preliminary hearings, trials, etc.) or the conduct of law enforcement in their investigation of criminal cases. Each year, these attorneys also field nearly 2,000 phone calls, s, and personal visits from fellow prosecutors seeking their legal opinion or advice on their cases. These responsibilities give the appellate deputies a unique perspective on emerging and recurring legal issues and trends in deputy performance that warrant training. One of the goals of combining the Appellate and Training functions was for Training to regularly benefit from the training needs perspective of the Appellate section. To that end, the Appellate deputies were queried in June 2015 to identify deficits in attorney knowledge and trends in performance that could benefit through improved training. 5. Deputy Survey In 2016, the ATU will disseminate a training needs questionnaire to every deputy district attorney in the office. The qualitative information gathered from the other organizational assessment efforts will form the basis for this instrument. The objective of the survey will be to develop quantitative data regarding self-identified training needs and preferences among Orange County District Attorney 2015 Training Performance Report & Plan 3

6 modalities of training. The information gathered from this exercise will similarly be used to formulate decisions regarding both training content and modes of training delivery. CONTINUOUS NEEDS ASSESSMENT To ensure our continued effectiveness beyond the organizational assessment, the ATU developed two principal mechanisms for on-going training needs assessments: 1) quarterly Assistant Head of Court Conferences; and 2) the Appellate Unit Assay. 1. Assistant Head of Court Conferences Beginning in January 2016 and continuing on a quarterly basis thereafter, the ATU will host a conference with the Assistant Heads of Court throughout the office. The purpose of these conferences is for the Assistant Heads of Court to discuss the on-going training needs of the deputies under their supervision based on the issues confronting their units, their interactions with their deputies, and their observations of deputies courtroom performance. 2. Appellate Unit Assay As previously explained, the attorneys assigned to the Appellate section of the ATU have a regular view of emerging and recurring legal issues and trends in deputy performance and policing. It has been made a regular duty of these deputies to periodically identify observable deficits in attorney and law enforcement knowledge and performance that could benefit through improved training. This mechanism serves as a continuous measurement of attorney and law enforcement understanding and application of the law. LIVE TRAINING Live training is the principal method of instruction delivery utilized by the ATU. The ATU administers five basic categories of live training that differ in format and target audience. Each of these categories as well as their 2015 and 2016 curriculums are addressed below. However, the efforts of the unit enhance the education of our core training personnel warrants comment first. Orange County District Attorney 2015 Training Performance Report & Plan 4

7 PROFESSIONALIZING TRAINING In educational science, the central model of adult learning is based upon the principles and practices of andragogy, a study of the unique learning characteristics and requirements of adult learners. In 2007, the Commission on Peace Officer Standards & Training (POST) approved the creation of the Instructor Development Institute (IDI) which, among other things, educates law enforcement instructors on the theory and practices of andragogy. The IDI curriculum consists of Academy Instructor Certification Courses (AICC), designed to enhance the effectiveness of law enforcement educators and to develop professionalism in the delivery of law enforcement instruction. According to POST, [t]he AICC establishes instructor training and certification requirements for academies in the program. Its purpose is to recognize demonstrated competency levels in education and training experience for each instructor, which, in turn, improves the overall professionalism, quality, and effectiveness of law enforcement training. [p] The curriculum is grounded in contemporary adult learning methodologies, paralanguage, critical thinking, and taxonomies of learning, presentation delivery, and platform skills. Progressive learning and proficiency in additional dimensions of subject matter expertise, instructional technology, design, mentoring, coaching, and leadership, eventually lead to instructional mastery. 2 In an effort to enhance the knowledge and skills of our core training personnel, the Assistant District Attorney and Assistant Head of Court of the ATU will have both participated in POST s Academy Instructor Certification Course I by January 15, This course will provide 40 hours of instruction specifically addressing the theories, science, and practices of effective adult learning and it will further the professionalization of our own training efforts. ORANGE COUNTY PROSECUTOR S ACADEMY In 2015, the ATU created the Orange County Prosecutor s Academy (OCPA). The OCPA is a multi-phase training program dedicated to the successful, professional development of our prosecutors at the early and critical stages of their career. The OCPA consists of three phases of extensive training: 1) New Deputy Training I (NDT I); 2) New Deputy Training II (NDT II); and 3) Introduction to Felony Prosecutions (IFP). The information gathered throughout the ATU s organizational needs assessment efforts formed the basis for many curriculum decisions and training strategies employed in the OCPA. 2 Orange County District Attorney 2015 Training Performance Report & Plan 5

8 1. New Deputy Training I (NDT I) The NDT I program is a two-week, full-time training course administered to new deputies with 0-3 months of experience consisting of both lecture and practical exercise in all aspects of misdemeanor prosecution. The ATU administered the NDT I program in September of 2015 to the first group of new prosecutors. The ATU will continue to administer this program on an annual or semi-annual basis. 2. New Deputy Training II (NDT II) The NDT II program is a six day, full-time training course administered to deputies with 9-12 months of experience. It consists of intermediate subjects in trial practice and criminal prosecutions and builds upon the experience newer deputies have developed in their first year of practice. The ATU administered the NDT II program in December of 2015 to the first group of eligible prosecutors. The ATU will continue to administer this program on an annual or semiannual basis. 3. Introduction to Felony Prosecutions (IFP) The IFP program is a one week, full-time training course administered to deputies who have demonstrated the aptitude and experience to begin prosecuting felony trials. The IFP training course consists of more advance subjects in trial practice and issues encountered in felony prosecutions. The ATU administered the IFP program in October of 2015 to the first group of eligible prosecutors. The ATU will continue to administer this program on an annual or semi-annual basis. OFFICE-WIDE TRAININGS The ATU administers monthly or near monthly office-wide training events that are open to all members of the office and, at times, to outside law enforcement agencies as well. These lectures and presentations satisfy the California State Bar s requirements for continuing legal education and typically address a subject or subjects relevant to all prosecutors. 1. Internal & External Instructors To be effective, the ATU utilizes training resources both internal and external to OCDA. While the unit maximizes the use of OCDA employees to provide training, it recognizes that it is also imperative to enlist lecturers, presenters and other contributors from outside of OCDA with expertise in various subjects relevant to the administration of criminal justice. Most Orange County District Attorney 2015 Training Performance Report & Plan 6

9 often, this involves enlisting the volunteer services of subject-matter experts from without OCDA to address a class, participate in a presentation, or provide a lecture. One of the efforts the ATU has made toward that goal is to begin an informal prosecutor exchange program wherein a prosecutor from OCDA visits another prosecutorial agency to provide training in exchange for a prosecutor from that agency visiting OCDA to provide training. In 2015, ATU hosted trainers from the Los Angeles County and San Diego County District Attorney s Offices and well as the Attorney General s Office. In 2016, the ATU is scheduled to again host presenters from the District Attorney s Offices of Los Angeles, San Bernardino, San Diego, and Santa Clara Counties. 2. The 2015 Office-Wide Training Curriculum The following table summarizes the office-wide trainings administered by the ATU during the 2015 calendar year. DATE January 2015 February 2015 March 2015 June 2015 July 2015 August 2015 September 2015 September 2015 October 2015 December 2015 December 2015 TRAINING Social Networking Evidence: Rapidly Mining Social Media for Evidence to Use at Trial. Driving Under the Influence of Drugs: Current Trends and Tips on How to Effectively Handle these Cases at Trial. Expert Witnesses & Defendants: The Art & Science of Cross-Examination. Calculating Exposure: An Overview of Felony Sentencing Rules & Opportunities. Driving Under the Influence of Drugs: Current Trends and Tips on How to Effectively Handle these Cases at Trial. Event Data Records & Digital Vehicle Forensics. Vicarious Trauma. Ethical Implications for Prosecutors in Cyberspace & Social Media. Mastering Search Warrants & Asset Forfeiture Cases. Avoiding Instructional Error. Batson/Wheeler Training. 3. The 2016 Office-Wide Training Curriculum The following table summarizes the office-wide trainings planned by the ATU for the 2016 calendar year. Orange County District Attorney 2015 Training Performance Report & Plan 7

10 DATE January 2016 February 2016 March 2016 April 2016 May 2016 June 2016 July 2016 August 2016 September 2016 October 2016 November 2016 December 2016 TRAINING (WORKING TITLES) Legal Ethics in Closing Argumentation. Practices & Principles of Immunity. Brady & Informants Training. Balance for Prosecutors. Surviving the Violence: Prosecutor s Guide to Avoiding Vicarious Trauma. Statutory & Ethical Discovery Obligations. Beyond the Courtroom: The Power of the Prosecutor in the Community. Ethical Considerations and the Power of the Prosecutor a Defense Perspective. Sovereign Citizen Movement. DNA Training. Brady & Informants Training. Media, ethics and Crisis Communication. Ladies and Gentlemen of the Jury: Greatest Closing Arguments In Modern Law. Cell Phone Forensics. Jury Selection: Strategy & Science. Brady & Informants Training. Wound Analysis. Felony Sentencing. Firearm Examination & Forensics. The 2016 curriculum includes one mandatory, all-day training session for all personnel on March 31, 2016; one mandatory training session on the law of Brady and the use of informants (choice of one of three dates); and one Saturday seminar session available to all personnel. All other office-wide trainings in 2016 are open to all staff and are two to three hour sessions scheduled on Thursday or Friday afternoons. ROAD SHOW TRAININGS The ATU administers road-show trainings which consist of single training presentations offered multiple times at different work locations to smaller groups of attendees. The road-show format provides opportunities to deliver trainings more suitable for smaller groups and/or to maximize the number of prosecutors to whom a given training is delivered. These lectures and presentations satisfy the California State Bar s requirements for continuing legal education. 1. The 2015 Road-Show Training Curriculum The following table summarizes the road-show trainings administered by the ATU during the 2015 calendar year. Orange County District Attorney 2015 Training Performance Report & Plan 8

11 TRAINING 1 Brady Processes. 2 Evaluating & Responding to Suppression Motions (PC ). 3 Human Trafficking Training. 4 Informant & Discovery Lessons from Dekraai. 5 Misdemeanor Domestic Violence Prosecutions. 6 OCII Training. 7 Preparing & Conducting Preliminary Hearings: Legal Rules and Considerations. 8 Reading Rap Sheets. 9 Policing the Prosecutor: State Bar Proceedings. 10 Juvenile Case Files and Welfare & Institutions Code Young Children as Witnesses. 2. The 2016 Road-Show Training Curriculum The following table summarizes the road-show trainings planned by the ATU for the 2016 calendar year to date. TRAINING 1 Crime Charging: the Practice of Filing Cases. 2 Evaluating & Responding to Claims of Speedy Trial Violation. 3 Misdemeanor Sexual Offense Prosecutions. 4 OCCL Electronic Resources. 5 RCFL & Digital Forensics Training. 6 Responding to Claims of Prosecutorial Misconduct. SPECIALTY TRAININGS The ATU administers specialty trainings which consist of instructional events for targeted groups of prosecutors on specialized subjects. A sample of such Specialty Trainings administered in 2015 include trainings regarding management duties; conducting parole hearings; Westlaw basic, intermediate and advanced training; Sexual Assault Unit training; TAP attorney training; law clerk training; and many others. OUTSIDE AGENCY TRAININGS The ATU administers training presentations for the benefit of other Orange County law enforcement agencies as well. These trainings are both on-site, by hosting law enforcement training events at OCDA, and off-site, by prosecutors visiting other agencies to perform training. Orange County District Attorney 2015 Training Performance Report & Plan 9

12 These training events exist in addition to those office-wide trainings to which outside law enforcement are invited. In August of 2015, the ATU conducted its first POST accredited training event at OCDA. It is the objective of the unit to continue to apply for and secure POST accreditation, where feasible, for those training events the unit conducts for outside law enforcement agencies. In August of 2015, the ATU also conducted a presentation to the Orange County Training Managers Association (OCTMA) aimed at soliciting training needs within Orange County law enforcement agencies that may be addressed by the ATU. 1. The 2015 Outside Agency Training Curriculum The following table summarizes the outside agency trainings administered by the ATU during the 2015 calendar year. TRAINING 1 Brady, Informants & Jail House Snitches. (Various dates and locations) 2 DUI Investigations, Report Writing, & Courtroom Testimony. 3 Human Trafficking Investigations. (Various dates and locations) 4 Wiretap Evidence. 2. The 2016 Outside Agency Training Curriculum The following table summarizes the outside agency trainings planned for the 2016 calendar year to date. TRAINING 1 Brady Training for Law Enforcement.* (Various dates and locations) 2 Cell Phone Forensics. ᶧ 3 Sexual Assault Investigations.* 4 Sovereign Citizen Movement.ᶧ 5 Wound Analysis. ᶧ * The ATU will seek POST accreditation for these course offerings. ᶧ Office-wide trainings available to outside law enforcement. Orange County District Attorney 2015 Training Performance Report & Plan 10

13 PUBLICATIONS In addition to periodic live training, it is important to have mechanisms to keep attorneys and law enforcement personnel immediately abreast of developments in the law and to provide them with educational resources to assist them in the daily performance of their responsibilities. It is also critical to recognize that individuals are receptive to learning in different ways. To that end, the ATU utilizes multiple mediums for the distribution of educational and informational content, including publications. In particular, the ATU develops, authors and produces four principal forms of training publications: 1) case updates; 2) training bulletins; 3) video publications; and 4) training manuals. CASE UPDATES The purpose of the Case Update publication is to promote professional currency among our prosecutors, investigators and fellow law enforcement agents by ensuring that they are made immediately and regularly aware of published appellate decisions affecting the practice of criminal law and policing. To accomplish this goal, the ATU regularly disseminates case updates; concise publications synopsizing the published decisions of California appellate courts and the United States Supreme Court addressing issues of criminal law or procedure. The ATU began the case update publication in June of 2015 and since that time has authored and disseminated more than 50 such publications to all attorney, paralegal and investigator staff. TRAINING BULLETINS In November of 2015, the ATU began issuing monthly Training Bulletins. The purpose of the Training Bulletin is to concisely explain the state of the law and/or synopsize best practices in areas of general concern to prosecutors. The following table summarizes both published and immediately planned Training Bulletins. DATE TRAINING BULLETINS November th & 6 th Amendment Advisements & Waivers. November 2015 VC 23152(c) Checklist & Investigative Tips. December 2015 Foundational Requirements for Digital Evidence. December 2015 Explanatory Bulletin on SB 178. December 2015 Legislative Update Highlights. January 2016 Moral Turpitude: Basics of EC 787, 788 and updated list of moral turpitude crimes. Continued on Page 12 Orange County District Attorney 2015 Training Performance Report & Plan 11

14 DATE TRAINING BULLETINS (CONTINUED) February 2016 Procedures for Juvenile Defendants in Adult Court. March 2016 Misdemeanor Search Warrants. April 2016 Business Records (EC 1271). May 2016 What is the OCDA DUID Program, Recent Trends, Resources. June 2016 PC 739 & Limits/Permissibility of Charging Counts Not Held to Answer. July 2016 Character Evidence (EC 1103). August 2016 The Rule of Completeness (EC 356). September 2016 Shackling Circumstances Permitting / Record Required. October 2016 TBD. November 2016 TBD. December 2016 TBD. VIDEO PUBLICATIONS In June of 2015, the ATU began its production of video publications. The unit s video publications consist of brief, informative training videos - typically minutes in length - addressing concepts, changes, and practices in criminal investigation and prosecution. The videos are accessible to all attorney, paralegal and investigative staff as well as to our law enforcement partners across multiple digital platforms including computers, tablets and smartphones. In September of 2015, the ATU secured a grant augmentation award $60,000 from the California Office of Traffic Safety, through the National Highway Safety Administration, toward the on-going production of the unit s training publications. In November of 2015, the ATU began its monthly distribution of training videos by digitally publishing its first video. The ATU also began a collaboration with the ecrimes unit of the Office of the Attorney General for the production of a series of training videos on legislative changes regarding digitally evidence planned for statewide distribution. In December of 2015, the ATU met with the Training Division of the Los Angeles County District Attorney s (LADA) Office and planned a 2016 collaboration wherein LADA prosecutors would participate in ATU video publications which would subsequently be distributed throughout both the OCDA and LADA offices. The following table summarizes those videos already distributed, currently in postproduction or planned for the immediate future. Orange County District Attorney 2015 Training Performance Report & Plan 12

15 STATUS Published VIDEO PUBLICATIONS The Local DNA Database. MCLE Rules & Best Practices. SB 178 Video Series. Rapid DNA Technology. Grand Jury Presentations. Victim s Rights & Marsy s Law. Foundational Requirements for PAS Evidence. Report Writing in DUI Cases. Testifying in DUI Cases. Pat Down Searches: Legal Authorization & Articulating Bases. DNA Evidence Collection. Split Sentences Filing Considerations in Fraud Cases. The Law of Kellett. Restitution Issues & Ensuring Accounting for All Loss. Strangulation Evidence. Domestic Violence. Introduction to RCFL. Types & Sources of Evidence on Digital Devices. Communicating with Pro-Per Defendants Cell Phone Searches. Gross v. Ordinary Negligence in DUI Cases. SFST Procedures & Evidence. Forced Blood Draws Electronic Data Recorders: Preserving Evidence Heroin and Impact on DUI Investigations The Science of Marijuana Impaired Driving Cases. TRAINING MANUALS Various issues and procedures confronting prosecutors require greater treatment than a concise bulletin may provide. Where necessary, a training manual can furnish staff with an indepth explanation of the state of the law on a particular matter or matters and describe policies and procedures for executing specific tasks. It is a goal of the ATU to author or supervise the authorship of appropriate training manuals and to seek out these materials from other resources for dissemination to our attorneys. A sample of training manuals already disseminated by the ATU from other resources or planned for the future include guides addressing: conducting parole hearings, search warrant law, performing preliminary hearings, prosecuting DUI & DUID cases, sex registrant law, initiating and responding to interstate subpoenas, felony sentencing, and countless others. Orange County District Attorney 2015 Training Performance Report & Plan 13

16 INTRANET RESOURCES Integrating training into the daily work lives of our staff in a meaningful way also involves putting personnel in constant and simple contact with our various educational assets and legal resources. To that end, it is a goal of the ATU to develop and maintain two electronic resources accessible to staff from any computer with OCDA network connectivity. Those resources are: 1) a Learning Management System; and 2) an ATU Intranet Site. LEARNING MANAGEMENT SYSTEM A Learning Management System (LMS) is a program designed to assist in the administration, documentation, tracking, reporting and delivering of training content and materials. In May of 2015, the ATU developed a comprehensive and highly detailed blueprint for the creation of a Learning Management System for the OCDA. This plan was submitted to our Information Systems unit that same month and is presently in development. The LMS design hosts a wide variety of features for both the end-user and the administrator. The end-user will have the ability to create and access a personal training profile and training history; access materials from training courses administered, including written documents and video-recordings; register for future trainings; search for future or past trainings along particular variables (e.g., by subject, MCLE credit hour, instructor, etc.); and many other tasks. The administrator will have the ability to manage employee training records; create training courses; generate reports of employee training across a variety of variables (e.g., by attorney, group, subject-matter, MCLE credit hour, etc.); issue MCLE certificates; and many other tasks. INTRANET SITE Between May and October of 2015, the ATU developed a detailed proposal for a unit intranet site. The purpose of the site is to provide staff with an on-demand, searchable digital library of all of the unit s publications and legal resources. The intranet site is designed to provide access to the unit s written and video publications, publications gathered from other prosecutorial resources, an expert witness database, a library of legal points and authorities, and a training calendar, among other features. Orange County District Attorney 2015 Training Performance Report & Plan 14

17 TRAINING MANAGEMENT The ATU executes a host of additional, varied duties relating to the administration of training. A sample of some of those training management duties is provided below. POLICY PROPOSALS In October of 2015, the ATU developed multiple training-related office policy proposals. Two of those policy proposals involved: 1) creating mechanisms for ensuring paralegal compliance with their statutory MCLE requirements; 2) formally recognizing attorney professional development through training participation as an objective measurement of performance during evaluations. Both of those policies were adopted and disseminated in December of In November of 2015, the ATU also proposed making March 31 (Cesar Chavez Day), a state court holiday, a mandatory office-wide training day. That recommendation was adopted and will be implemented on March 31, The ATU also proposed instituting one or more Saturday training events in That proposal was also accepted and the first such event will be planned for September of PERFORMANCE MEASURES The ATU has developed and is continuing to develop a system of performance measures to gauge the successfulness of our own efforts and to identify areas for improvement. In May 2015, the ATU began automating exit surveys for training attendees using on-line resources that enable our unit to collate and compare attorney ratings and opinions regarding trainings attended. Beginning in September 2015, the ATU developed and instituted questionnaires for each phase of the OCPA that enable students to provide open-ended commentary in evaluation of each presentation and learning activity. In the future, the ATU intends to conduct longitudinal studies by interviewing graduates from each phase of the OCPA at future points in time after they have had an opportunity to apply their training to their job performance in an effort to identify areas for improvement of training. GRANT FUNDING It is a goal of the ATU to research and apply for appropriate training-related grant funds. As previously stated, in May 2015 the ATU applied for and in September 2015 was awarded a grant augmentation of $60,000 from the California Office of Traffic Safety, through the National Highway Safety Administration, toward the production of video training publications. The ATU intends to continue these efforts to identify and secure appropriate grant funding in Orange County District Attorney 2015 Training Performance Report & Plan 15

18 SEARCH WARRANT EXAMINATIONS The OCDA Deputy District Attorney Office Procedures & Guidelines Manual provides that a search warrant examination must be passed before an Attorney III may review and approve search warrants. The policy further provides that [s]uccessful completion of the search warrant examination is a factor, which will be considered by supervisors when determining whether to recommend approval of probation and promotion to Attorney III. It is the responsibility of the ATU to administer and grade the search warrant examination of every eligible deputy district attorney. OUTSIDE TRAINING RESOURCES In addition to generating educational content, the ATU actively researches, secures, distributes and maintains training materials produced by entities outside of the OCDA. This includes, among other resources, subscription services to the California District Attorney Association s (CDAA) webinar series; CDAA publications and courses; and materials produced by other District Attorney s Offices throughout the state. EMPLOYEE TRAINING RECORDS Although all attorney and paralegals have an obligation to maintain their own training records, as a courtesy to staff, the ATU also creates and maintains individual training records for all attorney and paralegal personnel. These records document the individual MCLE training history of personnel wherein the employee was a participant at an OCDA provided MCLE training event or in which the employee sought office recordation of his or her participation in MCLE self-study or attendance at an MCLE training event by another provider. MCLE PROVIDER STATUS The OCDA is an approved MCLE "Multiple Activity Provider" by the California State Bar. This status authorizes the OCDA to grant MCLE credit to attorney and paralegal staff for activities that comply with the rules of the California State Bar. To maintain this status and to properly award MCLE credit, the ATU has the responsibility to continuously apply for approval with the state bar and to ensure that the MCLE training activities of the OCDA comply with the Rules of the State Bar, Title 3, Div. 5, Ch. 1. Orange County District Attorney 2015 Training Performance Report & Plan 16

19 LAW CLERK-INTERN PROGRAM The OCDA s Office conducts a legal clerkship program that engages the volunteer services of law students to work alongside prosecutors on a semester by semester basis. Each term (fall, spring, and summer), the OCDA assigns approximately 75 law students throughout its twenty separate prosecutorial units. These students gain broad exposure to the practice of criminal law and assist deputies through the performance of various tasks including legal research and writing, case organization and preparation, and, where certified, through courtroom litigation. On occasion, the OCDA also engages the volunteer services of undergraduate students as legal assistant interns. The ATU is responsible for the administration of the office s Law Clerk-Intern (LCI) Program. As a result, the unit acts as a liaison with law schools, performs all recruitment duties, processes all selected applicants, administers law clerk training, manages the unit assignment of all law clerks throughout the office, and coordinates the inter-unit use of groups of law clerks and interns for large scale projects. In 2015, the ATU staffed a total of 176 law clerk positions throughout the office. Orange County District Attorney 2015 Training Performance Report & Plan 17

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