Borrowing Policies
Posted by:rjf on 05/17/2016 3:41 PM

Books and materials may be borrowed from the Law Library in accordance with the following rules adopted by the Board of Trustees:

1. Categories of borrowers:

A. Active State Bar Members. Any member in good standing of the State Bar of California, who resides in, or has a law office in, Santa Cruz County, and out-of-county attorneys who are in trial here.

i. Authorized borrowers. Any active State Bar member may designate individuals to be authorized borrowers. The active State Bar member is responsible for all fines, fees and charges associated with an authorized borrowers use. This authorization must be in writing either on the law library?s form or office letterhead.

ii. Messengers. A borrower under this category may obtain books or materials by employing a messenger or messenger service authorized in writing by the borrower to take possession of the books or materials.

B. Judicial Borrower. Any judicial officer of the Santa Cruz County Superior Court.

C. Resident Borrower. Any resident of Santa Cruz County, or any non-resident who is a pro per litigant within the county.

i. Deposit Required. A cash deposit of $50 per item is required from borrowers in this category. All deposits will be returned upon receipt of the materials checked out providing materials are returned without damage. Deposits will only be released to the borrower, unless otherwise authorized in writing. Persons returning materials may be required to show picture ID before deposits are released. Monies will not be kept on deposit for future use. The deposit amount may be waived or lowered, at the Law Librarian?s discretion in the following instances:

a. The borrower is currently an after hours user of the Law Library.

b. The borrower is an Inactive State Bar Member who is not subject to a disciplinary order.

c. The borrower routinely borrows books from the Law Library.

D. Government Borrower. Any person who is employed by a government agency located in Santa Cruz County.

E. Library Borrower. Libraries may borrow materials in accordance with the provisions of the inter-library loan policy.

2. Categories of materials. All materials should be labeled as one of the following:

A. 7 day loan. Materials in this category circulate for 7 calendar days. Materials are to be returned to the library before close of business on the due date. * All due dates landing on a holiday will be extended to the next business day. Materials may be renewed for an additional 7 days either in person, by telephone or email. If a hold has been placed on the material, it will not be renewed.

i. MCLE audio materials. All MCLE audio materials may be rented for 7 days. There is a $15 per program charge regardless of the credit hours offered in the program. ** Materials used in the Law Library are exempt from this charge.

a. If the borrower falls under the resident borrower category, a deposit is required in addition to the rental charge.

b. MCLE Materials can only be renewed once without incurring an additional $15 program charge.

B. 24 hour loan. Materials in this category are due back by close of business on the following business day except books checked out on Thursday are due back on the following Monday. * All due dates landing on a holiday will be extended to the next business day. Materials may be renewed for an additional 24 hours either in person, by telephone or email. If a hold has been placed on the material, it will not be renewed.

C. Reserve/Reference. Out-of-print materials never circulate. Selected "reserve" and "reference" books may circulate overnight or may be taken out over a weekend.

3. Limit on number of items all to be checked out by one borrower. No borrower may have a quantity of books or materials at any one time that appears in the judgment of the Law Librarian or his/her designee to be excessive.

4. Availability of materials. Books and materials ordinarily subject to borrowing may be withdrawn from borrowing privileges under certain conditions and for periods determined by the Law Librarian.

5. Reserving materials. For material already in circulation, a patron should request a "hold" in order to be notified when the material is returned to the library.

6. Renewing checked out material. Materials may be renewed for one additional loan period provided that a hold has not been placed on the item. Materials must be returned at the expiration of the extension. All materials must remain in the library for a full business day before being checked out by the same borrower.

7. Fines, and Charges.

A. Fines. All materials: one dollar ($1) per day for the first two days and five dollars ($5) per day thereafter provided that no fine shall exceed the replacement cost of the book or materials, plus five dollars ($5). If the overdue period exceeds 30 days, the book or materials shall be deemed lost and the borrower charged as outlined below.

B. Charges. All borrowers shall be charged for the replacement cost or the value of the book or material lost, plus five dollars ($5). A book or item substantially damaged or defaced shall also be deemed lost, unless it may be suitably repaired, in which case a charge equal to the cost of making such repairs shall be made against the borrower.

8. Payment of Fines and Charges. All fines and charges are due upon return of materials.

A. Borrowers with memberships or after hours access. Borrowers who are billed on a quarterly basis for one of the above may request any fines or fees be billed to their account.

B. All other borrowers. Payment must be made upon return of materials. Any fines or charges may be deducted from the cash deposit.

9. Suspensions and Terminations. If a borrower's privileges are suspended or terminated, he/she may not qualify as another type of borrower until suspension or termination has been rescinded.

A. Borrowing privileges cease when a borrower no longer qualifies under Rule 1.

B. Non-payment of fines and charges when due will result in the suspension of borrowing privileges. Privileges shall be reinstated upon payment of the amount due.

C. A borrower who flagrantly or persistently violates the borrowing rules shall be subject to having his/her borrowing privileges suspended or terminated by the Law Librarian. Any decision to suspend or terminate may be appealed to the Board of Law Library Trustees.

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