NewsLinks is a collection of recent news items relating primarily to the California judicial branch. NewsLinks does not verify nor endorse the accuracy or fairness of the news items, and the views expressed in opinions, editorials, and commentaries are those of the writers only.
(Subscription required) During the study period, black male attorneys were disbarred or resigned with disciplinary charges pending at a 3.9% rate while the rate for white males was 1%. In addition, black men were placed on disciplinary probation at a 3.2% rate compared to a 0.9% rate for their white male counterparts.
(Subscription required) California Chief Justice Tani G. Cantil-Sakauye wrote in a response last month the court shares the groups’ concerns about the impact of declining bar exam success rates on the diversity of the profession but is awaiting the completion of further studies before taking any action on the cut score.
Justices were skeptical about this law, and the limits of the legislature to add requirements. But Chief Justice Tani Cantil-Sakauye zeroed in on the big issue—that the law almost certainly violates the California constitution.
One of the Legislature’s evident dislikes is President Donald Trump, so it passed a bill last year declaring that to appear on California’s presidential primary ballot, a candidate had to release his or her income tax returns.
Conversations with two of Newsom's first judicial appointees, as well as a review of the resumes of nine others, offer some hints as to how Newsom, the son of a former judge, may operate as he fills approximately four dozen vacancies.
A joint letter on behalf of several concerned groups’ has been addressed to the California Supreme Court requesting to grant a hearing in the case that involves Golden Door Properties while arguing that the short retention periods “thwart the government transparency measures enshrined in California law and the state’s Constitution.”
"449,000 Californians turned down jury duty because they were not citizens… but they WERE registered voters," reads the text of the Oct. 2 post. "Let that sink in." This post, which has been shared more than 57,000 times, was flagged as part of Facebook’s efforts to combat false news and misinformation on its News Feed.
(Subscription required) “He’s the perfect balance between patience and decisiveness,” Nieto said. “He doesn’t jump to a conclusion, he’s very willing and able to hear both sides and he really gets into the merits of arguments, and then ultimately, he’s not afraid to make a decision.”
The California Supreme Court is seeking public comment on a recently-proposed exception to the judicial ethics rules to allow judges to speak out if they are criticized about their decision in a case and are facing re-election or a recall campaign.
Veterans Justice Court meets every Wednesday afternoon in a special courtroom on Polk Street in San Francisco. It hears the cases of military veterans granted a second chance from the regular court system. Many defendants are homeless veterans battling addiction. For some, Begert and the staff of his courtroom seem as close to being a family as it gets for them.
After he graduated from law school, Justice Chin served two years as a Captain in the United States Army, including a year in Vietnam, where he was awarded the Army Commendation Medal and the Bronze Star. He was also a captain in the Army Reserves for two additional years.
(Subscription required) The first recalcitrant witness convicted in California as an accessory to murder is guilty because her refusal to testify in a gang murder case, despite a grant of immunity, counts as an “affirmative act,” a state prosecutor argued to the California Supreme Court.
The Court of Appeal, Second Appellate District, Division Two, will host its educational outreach program, Appellate Court Experience (ACE), for students from Roosevelt High School and Los Altos High School.
Workers challenged a district decision to change their work schedules without having them vote on it as outlined in their contract. The Public Employment Relations Board ruled against the district – and this week, the State Supreme Court let that decision stand.
(Subscription required) “There is not a day I don’t like coming to work and feeling excited about it,” Edber said. “Maybe that’s because I’m new, and it’s new to me, but I truly feel blessed to have this opportunity to serve the people of California and Los Angeles County.”
Before the Legislature will fund any more new courthouse construction projects, the council must reassess its priority list. With help from local courts, a working group of the council’s Court Facilities Advisory Committee and council staff reviewed hundreds of court facilities throughout the state.
“Educators Day is intended to bring together experts to provide information and resources for educators to assist them in handling complicated issues they must address on the front lines, long before those issues may wind their way into the court system,” commented Hon. Julia Alloggiamento, Chair of the Court’s Community Outreach and Planning Committee.
(Subscription required) As Dickinson put it, the pendulum has swung toward treatment and mental health programs. For seven months, she helmed one of Alameda County’s collaborative courts, which has calendars for veterans and the homeless with the goal of providing them with the resources to get clean, get into housing and prevent further arrests.
California Supreme Court justices signaled Wednesday that Democratic lawmakers probably violated the state Constitution — specifically, a 1972 amendment opening presidential primary elections to all “recognized” candidates — when they required President Trump and his competitors to release their tax returns in order to appear on next year’s primary ballot.
The California Commission on Judicial Performance said Wednesday it has ordered a county judge removed from office for multiple acts of misconduct, including denial of due process to a defendant, improper conversations with attorneys and comments that constituted sex harassment.
AB5 is the most nefarious law to come out of the recent legislative session. It codifies the California Supreme Court’s 2018 Dynamex decision, which imposed a strict “ABC Test” on California employers. For a company to use contractors as workers, their workers must a) be free from the company’s control; b) perform tasks that are outside of its main business; and c) operate a truly independent business.
California’s top court appeared skeptical Wednesday that the Legislature may require presidential primary candidates to disclose not only their tax returns but also their birth certificates and psychiatric records.
California Supreme Court justices seemed skeptical Wednesday of a state law requiring President Donald Trump to disclose his tax returns if he wants to be a candidate in the state’s primary election next year.
At the hearing, the court largely echoed the concerns of former Gov. Jerry Brown, who vetoed a similar bill in 2017. In his veto message, Brown questioned whether the law was constitutional and worried that a law forcing the release of tax returns could set a “slippery slope precedent.”
If the state’s high court strikes down the ballot-access requirement for violating the California Constitution, no other court could review its interpretation of the state law involved. Although California officials are appealing their loss in related cases in federal court that put the law on hold, the outcome of those cases might not matter.
Fighting to keep his tax returns secret, President Donald Trump will soon ask the U.S. Supreme Court to grant him “temporary absolute immunity” from any criminal investigation while he’s in office. The case sets up yet another test for the court’s new swing voter, Chief Justice John Roberts, who is devoted to the principle of judicial restraint.
The Commission on Judicial Performance has voted to oust Contra Costa County Superior Court Judge John Laettner from office for “a significant amount of misconduct,” including “a pattern” of inappropriate behavior toward women.
(Subscription required) “I’m going to be reviewing the pleadings before a hearing or trial, so I want to know above and beyond what the attorneys are going to let me know and not just necessarily go over what’s in the pleading,” Prouty said. “I like to give tentative rulings and give attorneys an idea about what I consider the important issues that we’re going to be dealing with.”
November 05, 2019 | Electronic Frontier Foundation
EFF has joined a coalition of government transparency and environmental justice organizations in supporting a lawsuit against the County of San Diego, which created a policy to destroy all emails automatically after 60 days unless an employee flags the emails for preservation.
In California, there are more than 62,000 youth living in foster care and more than 34,000 waiting for a permanent family. In Sacramento County alone, there are 1,690 children and youth in out-of-home care with about 350 of them needing a loving and affirming forever family.