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He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"bwillon":{"type":"authors","id":"3207","meta":{"index":"authors_1591205172","id":"3207","found":true},"name":"Beth Willon","firstName":"Beth","lastName":"Willon","slug":"bwillon","email":"bwillon@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Beth Willon is a former senior reporter for KQED's Silicon Valley News Desk in San Jose. (@KQEDNews )\r\n\r\n@BethWillon","avatar":"https://secure.gravatar.com/avatar/3533b741c785d6a97e8b283e7f65606d?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]}],"headData":{"title":"Beth Willon | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3533b741c785d6a97e8b283e7f65606d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3533b741c785d6a97e8b283e7f65606d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/bwillon"},"mlagos":{"type":"authors","id":"3239","meta":{"index":"authors_1591205172","id":"3239","found":true},"name":"Marisa Lagos","firstName":"Marisa","lastName":"Lagos","slug":"mlagos","email":"mlagos@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Marisa Lagos is a correspondent for KQED’s California Politics and Government Desk and co-hosts a weekly show and podcast, \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown.\u003c/span>\u003c/i> \u003cspan style=\"font-weight: 400;\">At KQED, Lagos conducts reporting, analysis and investigations into state, local and national politics for radio, TV and online. Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11877153":{"type":"posts","id":"news_11877153","meta":{"index":"posts_1591205157","site":"news","id":"11877153","score":null,"sort":[1623195302000]},"guestAuthors":[],"slug":"in-absentia-zero-latino-judges-in-these-majority-latino-california-counties","title":"In Absentia: Zero Latino Judges in These Majority-Latino California Counties","publishDate":1623195302,"format":"image","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Outside the Colusa County Courthouse Annex, 21-year-old Lorenzo Acosta takes a few puffs from his vape cartridge to calm himself before walking into court to support a friend.\u003c/p>\n\u003cp>Acosta acknowledges he’s been “in the system,” so he knows how it all works here. He knows the police, the public defenders, the judge who, he says, hands out extended lectures. But Acosta has never before realized one of the most glaring facts about the local bench of judges who help determine people’s punishments:\u003c/p>\n\u003cp>In Colusa County, \u003ca href=\"https://www.census.gov/quickfacts/fact/table/colusacountycalifornia/PST045219\" target=\"_blank\" rel=\"noopener noreferrer\">where 60% of the population is Latino\u003c/a>, both of the Superior Court judges — who handle everything from disorderly conduct to murder trials — are white.\u003c/p>\n\u003cp>His eyes widen. “That’s crazy, for real? Deadass?” he asks. Then he slowly shakes his head. “Actually, thinking about it now, I’ve only seen white judges.”\u003c/p>\n\u003cp>Coulsa is one of four \u003ca href=\"https://www.census.gov/quickfacts/fact/table/mercedcountycalifornia,maderacountycalifornia,kingscountycalifornia,colusacountycalifornia/RHI725219\" target=\"_blank\" rel=\"noopener noreferrer\">majority-Latino California counties\u003c/a> — along with Kings, Madera, and Merced — with no Latino judges in any superior courtrooms. Latino representation on the bench in three of those counties has not improved much since the state began collecting judicial diversity data 14 years ago. And the fourth, Kings — which had one Latino judge in 2007 — is back down to zero.\u003c/p>\n\u003cfigure id=\"attachment_11877169\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877169\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg\" alt=\"\" width=\"800\" height=\"567\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-1020x723.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-160x113.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'Actually, thinking about it now, I’ve only seen white judges,' says Lorenzo Acosta. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I wouldn’t have expected it to be that bad,” said Lisa Pruitt, a law professor at the University of California, Davis who helped with the state’s research on attorney access in rural California.\u003c/p>\n\u003cp>In 13 other California counties, there’s a gap of 30 percentage points or more between the percentage of Latinos in the population and the percentage of Latino judges. The gaps tend to be greatest in the Central Valley, but also include counties such as Los Angeles, Monterey and San Bernardino.\u003c/p>\n\u003cp>For years, the focus on fairness and equity within the criminal justice system has been \u003ca href=\"https://calmatters.org/justice/2019/08/californias-new-police-law-explained/\" target=\"_blank\" rel=\"noopener noreferrer\">on policing\u003c/a>, with far less scrutiny to the component of the justice system that wields vast power over attorneys, defendants and how cases are viewed by juries.\u003c/p>\n\u003cp>Judges “often set rules for how the courts across the state or across the county will decide certain cases or how they’ll treat parties before them,” said Douglas Keith, an attorney for the Brennan Center for Justice, a progressive think tank on law and policy. “Who sits on these benches can have a significant impact.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">bench representation\u003c/a> is worse for Latinos than any other racial group.\u003c/p>\n\u003cp>And such disparities can have effects that ripple through individual lives and entire communities. \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Research indicates\u003c/a> that racially diverse judges and women judges tend to assess certain cases differently, on average, from their white and male counterparts.\u003c/p>\n\u003cp>And while roughly 60% of white and Asian-Americans felt \u003ca href=\"https://www.courts.ca.gov/documents/4_37pubtrust1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California county courts\u003c/a> were fair over half the time, only about 40% of Latinos felt the same, according to a study commissioned by the California Judicial Council.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 1050px;\" src=\"https://flo.uri.sh/visualisation/6368028/embed?auto=1\" height=\"1050\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>How has this situation persisted in some California counties? One clear factor is a lack of practicing Latino attorneys in the area — the pool from which judicial appointments are drawn. Others cite the appointments process itself — blaming a good ‘ole boy appointments system that, until recently, was shrouded in secrecy.\u003c/p>\n\u003cp>Regardless, years of planning and programs aimed at \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">diversifying the bench\u003c/a> have yielded exceptional results in some counties, decent results in others, and whites-only benches in a few.\u003c/p>\n\u003cp>There are roughly 1,600 superior court judges throughout California. The State Bar, the Hispanic Bar Association and the California Association of Black Lawyers have sounded the alarm about a lack of \u003ca href=\"http://calbar.ca.gov/Portals/0/documents/caf/2006_Diversity-Pipeline-Report.pdf?ver=2017-05-19-133238-773\" target=\"_blank\" rel=\"noopener noreferrer\">diversity on the bench\u003c/a> for years.\u003c/p>\n\u003cp>Since the \u003ca href=\"https://www.courts.ca.gov/13418.htm\" target=\"_blank\" rel=\"noopener noreferrer\">state began releasing judicial diversity data\u003c/a> in 2007, the number of Latino trial court judges, statewide, \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">has nearly doubled\u003c/a>, going from 96 to 184. Although the percentage of white judges has dropped a bit, they still make up \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">more than 60% of all trial court judges in California\u003c/a>, as they did 14 years ago.\u003c/p>\n\u003cp>While adding people from different backgrounds and life experiences can lead to litigants feeling more trustful of the judicial system, it’s not the only reason diversity is important.\u003c/p>\n\u003cfigure id=\"attachment_11877228\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003cimg class=\"size-full wp-image-11877228\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg\" alt=\"\" width=\"240\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe-160x200.jpeg 160w\" sizes=\"(max-width: 240px) 100vw, 240px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Supreme Court Justice Sonia Sotomayor has noted the perspective a Latina justice might bring to the bench. \u003ccite>(Steve Petteway/Collection of the Supreme Court of the United States)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been more than a decade since then-President Barack Obama named to the U.S. Supreme Court a New Yorker, Sonia Sotomayor, who had famously — and controversially — said at a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2009/05/sotomayors_wise_latina_line_ma.html\" target=\"_blank\" rel=\"noopener noreferrer\">UC Berkeley symposium\u003c/a>: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”\u003c/p>\n\u003cp>Several studies have attempted to tease out the \u003ca href=\"https://www.annualreviews.org/doi/full/10.1146/annurev-polisci-051617-090650\" target=\"_blank\" rel=\"noopener noreferrer\">link between a judge’s race or ethnicity and that judge’s rulings and sentencing behavior\u003c/a>. The reported results have been \u003ca href=\"https://journals.sagepub.com/doi/abs/10.1177/1532673X19867052?journalCode=aprb&\" target=\"_blank\" rel=\"noopener noreferrer\">mixed\u003c/a> — perhaps reflecting the interplay of a variety of factors that correlate to race and ethnicity, including political ideology.\u003c/p>\n\u003cp>\u003ca href=\"https://politicalscience.yale.edu/people/allison-harris\" target=\"_blank\" rel=\"noopener noreferrer\">Yale University professor Allison Harris’\u003c/a> research into Chicago’s Cook County found that having Black judges around made white judges more fair and led to sentencing equity for Black and white defendants. Among her conclusions: “increasing the number of judges who look like the majority of defendants could reduce those defendants’ likelihood of being imprisoned.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>A study published by the American Bar Foundation found that \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">having a diverse bench can also affect judicial outcomes\u003c/a>: Researchers discovered that white judges dismissed 61% of federal cases in which employees alleged workplace discrimination, while judges of color dismissed a dramatically lower 38%. White judges also were particularly more likely to dismiss cases involving minority plaintiffs than those involving white plaintiffs. [pullquote size=\"medium\" align=\"right\" citation=\"Felicia Espinosa, Advocacy Director For Root & Rebound\"]'It is ... intimidating. It is infuriating. It is not shocking.”[/pullquote]\u003c/p>\n\u003cp>“We want to think of the law as kind of interchangeable and they just apply the law to the facts, but that’s not what all judges are doing,” said \u003ca href=\"https://sociology.northwestern.edu/people/faculty/core/laura-beth-nielsen.html#:~:text=Professor%20Nielsen's%20research%20focuses%20on,race%2C%20gender%2C%20and%20class.\" target=\"_blank\" rel=\"noopener noreferrer\">Northwestern University Law professor Laura Beth Nielsen,\u003c/a> who conducted the research.\u003c/p>\n\u003cp>In another \u003ca href=\"https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1691&context=facpub\" target=\"_blank\" rel=\"noopener noreferrer\">Cornell Law School study of implicit bias among trial court judges\u003c/a>, researchers presented several hypothetical cases and found that judges, like most people, have implicit biases that can affect their judgement. The study also found that judges can suppress those unconscious biases.\u003c/p>\n\u003cp>What may be research fodder for academics is palpable for attorneys, plaintiffs and defendants when they walk into a courtroom.\u003c/p>\n\u003cp>“It is…intimidating. It is infuriating. It is not shocking,” said Felicia Espinosa, describing what it feels like to be the only Latina attorney in court. She works in Fresno, where she’s one of \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">roughly 2,200 attorneys in the county\u003c/a> for a population of nearly 1 million, according to data from the California State Bar.\u003c/p>\n\u003cp>“I’m both dealing with my own internal feelings and thinking about my client and how it impacts them,” said Espinosa, advocacy director for \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Roots and Rebound\u003c/a>, which offers legal aid for people who were once in jail or prison.\u003c/p>\n\u003chr>\n\u003cp>Along the hour drive from Sacramento to Colusa, rows of nut trees and farmland line Lone Star Road leading into town. Dotted with rice fields, almond trees and small farmworker communities, this small county grows about \u003ca href=\"https://www.countyofcolusa.org/DocumentCenter/View/12901/2019-Crop-Report?bidId=\" target=\"_blank\" rel=\"noopener noreferrer\">$1 billion worth of food a year\u003c/a>.\u003c/p>\n\u003cp>The town’s square has the feel of an old Western town with a touch of the plantation. That’s not an exaggeration: The towering courthouse, built in 1861, reflects the county’s heritage from the “ANTE-BELLUM SOUTH AND STATES RIGHTS SYMPATHIES DURING THE CIVIL WAR,” according to \u003ca href=\"https://ohp.parks.ca.gov/ListedResources/Detail/890\" target=\"_blank\" rel=\"noopener noreferrer\">a plaque added to the building\u003c/a> in 1976. It stood in for a Deep South courthouse in the 1962 classic film “To Kill a Mockingbird.”\u003c/p>\n\u003cp>Every week hundreds of people file into the courthouse for traffic court, land titles and the like. A couple of blocks away, outfitted with metal detectors and x-ray machines, the Annex is where many criminal cases are heard.\u003c/p>\n\u003cfigure id=\"attachment_11877195\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877195\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">American flags hang from many of the homes in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From morning to afternoon in these COVID-affected days, dozens of mask-wearing litigants and their supporters wait in small wooden chairs, distanced by more chairs and plastic partitions, for their chance to address the court.\u003c/p>\n\u003cp>Case by case, individuals rise to speak. Often their eyes dart around, looking for the court interpreter who dashes over to translate the legal jargon into Spanish.\u003c/p>\n\u003cp>“¿Podría repetir la pregunta? No entiendo lo que quieres decir,” one defendant implores the judge through interpreter Juanita Ulloa — asking if a question could be repeated because he didn’t understand it.\u003c/p>\n\u003cp>Just beyond Ulloa, photos hang along the wall, marking a time in history when the bench was filled with white men. Things have changed a little since then. \u003ca href=\"https://www.appeal-democrat.com/first-woman-colusa-county-judge-sworn-in/article_1eb0f5bc-be15-5792-8b09-4650fcc6c625.html\" target=\"_blank\" rel=\"noopener noreferrer\">Colusa County welcomed its first woman judge in 2010\u003c/a>, an appointment by then-Gov. Arnold Schwarzenegger. But the bench has not caught up to the county’s demographics.\u003c/p>\n\u003cp>“I’ve always noticed that there were always white judges, white lawyers,” said Jessica Lopez, 32, of Williams, at the Colusa Annex to fight what she termed “a few” pending cases.\u003c/p>\n\u003chr>\n\u003cp>Of course it’s impossible to diversify the bench unless there are qualified Latino attorneys in these areas willing to trade in their briefcases for gavels.\u003c/p>\n\u003cp>In a state where Latinos make up 40% of the population — outnumbering all other groups — only 7% of \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/State-Bar-Annual-Diversity-Report.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California’s practicing attorneys are Latino\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/f023fcff-fab2-49b8-a570-6442c8076847?src=embed\" title=\"Latino judges in the State Bar\" width=\"550\" height=\"750\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Beyond its metropolitan areas, \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">large swaths of California have too few attorneys to represent their population size\u003c/a>. This has fueled attorney deserts where clients and attorneys have to travel miles and miles for meetings and court proceedings.\u003c/p>\n\u003cp>The State Bar Association data doesn’t break down the number of practicing attorneys in an area by race or ethnicity, making it impossible to pinpoint gaps where lawyers of color — and thus potential judges — are in short supply. Several Latino attorneys would not speak to CalMatters on-the-record because they’re only “a few of us,” said one Latino attorney who often appears in several different counties.\u003c/p>\n\u003cp>“That’s obviously a problem,” said Pruitt, the UC Davis law professor. “It is probably related to the fact that there’s a deficit of attorneys and probably a deficit of Latinx attorneys in those areas. A lot of law students are just not interested in going and working in rural California.”\u003c/p>\n\u003chr>\n\u003cp>It’s around noon when criminal defense attorney Roberto Marquez parks and heads inside a Colusa courtroom, positioning himself in the back and pacing back and forth between his client and the prosecutor.\u003c/p>\n\u003cp>As soon as he finishes addressing the court on behalf of his client, Marquez grabs his things and heads out the door — on to his next stop.\u003c/p>\n\u003cp>“Today, I’m in Colusa County, this morning I was in Yuba, and tomorrow, I’ll be who knows where,” Marquez explains later, his cell phone connection sputtering as he travels the rural roads to his next meeting. For more than 30 years, he has traveled as north as Butte County and as south as Sacramento County defending clients. He says he used to think about becoming a judge, but that now is a distant memory and he no longer feels a desire for judicial robes, having grown to love traveling a wide territory as a criminal defense attorney.\u003c/p>\n\u003cp>He’s also not convinced more Latino judges would affect his cases.\u003c/p>\n\u003cp>“I don’t need (judges) to be Hispanic, white, Brown, Black or whatever,” said Marquez. “I just need them to be smart and follow the law, and I feel like I practice in front of some smart, fair-minded judges.”\u003c/p>\n\u003chr>\n\u003cp>Most Superior Court judges first get the job because the governor appoints them after a sitting judge retires. \u003ca href=\"https://www.courts.ca.gov/documents/California_Judicial_Branch.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">The requirements:\u003c/a> have at least 10 years’ experience practicing law, and submit a formal application.\u003c/p>\n\u003cp>Last year, \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/JNE-Demographics-Report-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">14% of state judicial candidates applicants were Latino\u003c/a>. Deciding to leave practicing for judging is a difficult decision that can take a decade’s worth of planning, and some worry about a lack of Latino attorneys to back-fill them if they become judges.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 600px;\" src=\"https://flo.uri.sh/visualisation/6344486/embed?auto=1\" height=\"600\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>For decades, judicial applicants had to know someone who knew someone to pitch themselves to regional Judicial Selection Advisory Committees, all composed of local attorneys and judges. These committees, the conduit to the governor’s office, have the power to make or break a judicial appointment.\u003c/p>\n\u003cp>The committee members were secret under former governors Arnold Schwarzenegger and Jerry Brown.\u003c/p>\n\u003cp>“It was an obstacle course,” said Judge Juan Ulloa, a judge in Imperial County, who once applied for a judicial appointment. “It was very political, very secret. People were able to make anonymous comments.” [pullquote size=\"medium\" align=\"right\" citation=\"Juan Ulloa, Imperial County Judge\"]'It was an obstacle course. It was very political, very secret.'[/pullquote]\u003c/p>\n\u003cp>However secretive the meetings were, comments about certain women applicants being “too difficult to work with” or applicants of color “not being hardworking and not seeking out challenging court assignments,” made their way around the judicial circles and often back to applicants, said retired Judge Brenda Harbin-Forte, who once spearheaded the state’s efforts to diversify the bench.\u003c/p>\n\u003cp>“I was told, ‘This lawyer says that you’re not qualified because you’re biased against people with money and property holders’,” said Ulloa, who once worked as a legal aid attorney. It didn’t take long, he said, for him to get the message.\u003c/p>\n\u003cp>Then, in 2019, Gov. Gavin Newsom lifted the veil, sharing the names of the state committee members. It didn’t require new laws or executive orders, and for the first time, Californians could see who was helping select \u003ca href=\"https://www.gov.ca.gov/2019/06/26/in-historic-move-for-transparency-governor-newsom-opens-judicial-selection-advisory-committees-to-identify-next-generation-of-california-judges/\" target=\"_blank\" rel=\"noopener noreferrer\">appointed judges\u003c/a>.\u003c/p>\n\u003cp>“The people of our state have little insight on the process by which judges are chosen, it is only fair that the public knows who is helping to select the people who will serve them,” said Newsom, whose own father had been one of the judges appointed by then-Gov. Jerry Brown.\u003c/p>\n\u003cp>The newfound transparency, however, didn’t extend to local bar associations, several of which are contracted with the governor’s office to evaluate judicial candidates. Local bar associations are not required to disclose who is on their evaluation committees.\u003c/p>\n\u003cfigure id=\"attachment_11877194\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877194\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg\" alt=\"The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, judicial appointments eventually face elections once their terms expire. While California Supreme Court and Courts of Appeal justices serve 12-year terms, Superior Court terms are six years.\u003c/p>\n\u003cp>Although the overwhelming majority of state Superior Court judges are appointed, the state constitution also allows qualified attorneys to run against a Superior Court judge who’s up for election. Absent that rare challenge, Superior Court judges are unopposed and their names do not appear on the ballot.\u003c/p>\n\u003cp>In the four counties that have no Latino judges, former Democratic Gov. Brown appointed a total of seven judges during his second tenure. Just one was a person of color.\u003c/p>\n\u003cp>Yet statewide, Brown made greater strides, with \u003ca href=\"https://web.archive.org/web/20190327212457/https://www.ca.gov/archive/gov39/2019/01/03/governor-brown-swears-in-justice-groban-to-california-supreme-court-releases-judicial-appointment-data/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">16% of his appointments being Latinos\u003c/a>. So far, \u003ca href=\"https://www.gov.ca.gov/2021/03/01/governor-newsom-releases-2020-judicial-appointment-data/\" target=\"_blank\" rel=\"noopener noreferrer\">18% of Newsom’s judicial appointments\u003c/a> have gone to Latinos. 11% of former \u003ca href=\"https://www.courts.ca.gov/partners/documents/gov-2010appdata.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Gov. Arnold Schwarzenegger’s appointees were Latinos\u003c/a>.\u003c/p>\n\u003cp>Because challenges can happen, governors have to consider whether their appointees can withstand one.\u003c/p>\n\u003cp>After being appointed by Brown in 2018, Judge Monique Langhorne, a Black woman, faced an opponent in last year’s election — the first challenge to a sitting Napa County judge in three decades. “I’d never run in an election. None of the sitting judges here had ever run in an election, and I didn’t know who I could lean on to learn what to do,” she told the Napa Valley Register. \u003ca href=\"https://napavalleyregister.com/news/local/monique-langhorne-wins-napa-county-s-first-election-for-judge-s-seat-since-1980s/article_6426a270-f15b-5a64-a191-fe0dec9eb699.html\" target=\"_blank\" rel=\"noopener noreferrer\">She retained her judgeship\u003c/a>.\u003c/p>\n\u003cp>However uncommon, judges become politicians when they face a challenge — seeking campaign donations and votes.\u003c/p>\n\u003cp>And while a governor may make diversity a tenet for judicial appointments, local voters may have different priorities.\u003c/p>\n\u003cp>As researchers and politicians iron out what diversity on the courts mean and how the state should get there, residents who appear before judges are often left shrugging their shoulders.\u003c/p>\n\u003cp>“That’s just the way it is. I’ve been in the court system since I was 16, and they’ve all been white,” said a 28-year-old Latino before he gets into his black pickup and drives away from the Colusa courthouse.\u003c/p>\n\u003cp>“I’ve only seen a Latino judge on TV.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Graphics by Liliana Michelena\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"While four mostly Latino counties lack any Latino Superior Court judges, another 13 counties have a more than 30 point gap between the percentage of Latinos in the population and on the bench. Here’s what that means.","status":"publish","parent":0,"modified":1623288203,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://flo.uri.sh/visualisation/6368028/embed","https://e.infogram.com/f023fcff-fab2-49b8-a570-6442c8076847","https://flo.uri.sh/visualisation/6344486/embed"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":70,"wordCount":2918},"headData":{"title":"In Absentia: Zero Latino Judges in These Majority-Latino California Counties | KQED","description":"While four mostly Latino counties lack any Latino Superior Court judges, another 13 counties have a more than 30 point gap between the percentage of Latinos in the population and on the bench. Here’s what that means.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11877153 https://ww2.kqed.org/news/?p=11877153","disqusUrl":"https://ww2.kqed.org/news/2021/06/08/in-absentia-zero-latino-judges-in-these-majority-latino-california-counties/","disqusTitle":"In Absentia: Zero Latino Judges in These Majority-Latino California Counties","source":"CalMatters","sourceUrl":"https://calmatters.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2021/06/NavarroLatinoJudgeDisparity.mp3","nprByline":"Byrhonda Lyons","path":"/news/11877153/in-absentia-zero-latino-judges-in-these-majority-latino-california-counties","audioDuration":224000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Outside the Colusa County Courthouse Annex, 21-year-old Lorenzo Acosta takes a few puffs from his vape cartridge to calm himself before walking into court to support a friend.\u003c/p>\n\u003cp>Acosta acknowledges he’s been “in the system,” so he knows how it all works here. He knows the police, the public defenders, the judge who, he says, hands out extended lectures. But Acosta has never before realized one of the most glaring facts about the local bench of judges who help determine people’s punishments:\u003c/p>\n\u003cp>In Colusa County, \u003ca href=\"https://www.census.gov/quickfacts/fact/table/colusacountycalifornia/PST045219\" target=\"_blank\" rel=\"noopener noreferrer\">where 60% of the population is Latino\u003c/a>, both of the Superior Court judges — who handle everything from disorderly conduct to murder trials — are white.\u003c/p>\n\u003cp>His eyes widen. “That’s crazy, for real? Deadass?” he asks. Then he slowly shakes his head. “Actually, thinking about it now, I’ve only seen white judges.”\u003c/p>\n\u003cp>Coulsa is one of four \u003ca href=\"https://www.census.gov/quickfacts/fact/table/mercedcountycalifornia,maderacountycalifornia,kingscountycalifornia,colusacountycalifornia/RHI725219\" target=\"_blank\" rel=\"noopener noreferrer\">majority-Latino California counties\u003c/a> — along with Kings, Madera, and Merced — with no Latino judges in any superior courtrooms. Latino representation on the bench in three of those counties has not improved much since the state began collecting judicial diversity data 14 years ago. And the fourth, Kings — which had one Latino judge in 2007 — is back down to zero.\u003c/p>\n\u003cfigure id=\"attachment_11877169\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877169\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg\" alt=\"\" width=\"800\" height=\"567\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-1020x723.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-160x113.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'Actually, thinking about it now, I’ve only seen white judges,' says Lorenzo Acosta. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I wouldn’t have expected it to be that bad,” said Lisa Pruitt, a law professor at the University of California, Davis who helped with the state’s research on attorney access in rural California.\u003c/p>\n\u003cp>In 13 other California counties, there’s a gap of 30 percentage points or more between the percentage of Latinos in the population and the percentage of Latino judges. The gaps tend to be greatest in the Central Valley, but also include counties such as Los Angeles, Monterey and San Bernardino.\u003c/p>\n\u003cp>For years, the focus on fairness and equity within the criminal justice system has been \u003ca href=\"https://calmatters.org/justice/2019/08/californias-new-police-law-explained/\" target=\"_blank\" rel=\"noopener noreferrer\">on policing\u003c/a>, with far less scrutiny to the component of the justice system that wields vast power over attorneys, defendants and how cases are viewed by juries.\u003c/p>\n\u003cp>Judges “often set rules for how the courts across the state or across the county will decide certain cases or how they’ll treat parties before them,” said Douglas Keith, an attorney for the Brennan Center for Justice, a progressive think tank on law and policy. “Who sits on these benches can have a significant impact.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">bench representation\u003c/a> is worse for Latinos than any other racial group.\u003c/p>\n\u003cp>And such disparities can have effects that ripple through individual lives and entire communities. \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Research indicates\u003c/a> that racially diverse judges and women judges tend to assess certain cases differently, on average, from their white and male counterparts.\u003c/p>\n\u003cp>And while roughly 60% of white and Asian-Americans felt \u003ca href=\"https://www.courts.ca.gov/documents/4_37pubtrust1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California county courts\u003c/a> were fair over half the time, only about 40% of Latinos felt the same, according to a study commissioned by the California Judicial Council.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 1050px;\" src=\"https://flo.uri.sh/visualisation/6368028/embed?auto=1\" height=\"1050\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>How has this situation persisted in some California counties? One clear factor is a lack of practicing Latino attorneys in the area — the pool from which judicial appointments are drawn. Others cite the appointments process itself — blaming a good ‘ole boy appointments system that, until recently, was shrouded in secrecy.\u003c/p>\n\u003cp>Regardless, years of planning and programs aimed at \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">diversifying the bench\u003c/a> have yielded exceptional results in some counties, decent results in others, and whites-only benches in a few.\u003c/p>\n\u003cp>There are roughly 1,600 superior court judges throughout California. The State Bar, the Hispanic Bar Association and the California Association of Black Lawyers have sounded the alarm about a lack of \u003ca href=\"http://calbar.ca.gov/Portals/0/documents/caf/2006_Diversity-Pipeline-Report.pdf?ver=2017-05-19-133238-773\" target=\"_blank\" rel=\"noopener noreferrer\">diversity on the bench\u003c/a> for years.\u003c/p>\n\u003cp>Since the \u003ca href=\"https://www.courts.ca.gov/13418.htm\" target=\"_blank\" rel=\"noopener noreferrer\">state began releasing judicial diversity data\u003c/a> in 2007, the number of Latino trial court judges, statewide, \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">has nearly doubled\u003c/a>, going from 96 to 184. Although the percentage of white judges has dropped a bit, they still make up \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">more than 60% of all trial court judges in California\u003c/a>, as they did 14 years ago.\u003c/p>\n\u003cp>While adding people from different backgrounds and life experiences can lead to litigants feeling more trustful of the judicial system, it’s not the only reason diversity is important.\u003c/p>\n\u003cfigure id=\"attachment_11877228\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003cimg class=\"size-full wp-image-11877228\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg\" alt=\"\" width=\"240\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe-160x200.jpeg 160w\" sizes=\"(max-width: 240px) 100vw, 240px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Supreme Court Justice Sonia Sotomayor has noted the perspective a Latina justice might bring to the bench. \u003ccite>(Steve Petteway/Collection of the Supreme Court of the United States)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been more than a decade since then-President Barack Obama named to the U.S. Supreme Court a New Yorker, Sonia Sotomayor, who had famously — and controversially — said at a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2009/05/sotomayors_wise_latina_line_ma.html\" target=\"_blank\" rel=\"noopener noreferrer\">UC Berkeley symposium\u003c/a>: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”\u003c/p>\n\u003cp>Several studies have attempted to tease out the \u003ca href=\"https://www.annualreviews.org/doi/full/10.1146/annurev-polisci-051617-090650\" target=\"_blank\" rel=\"noopener noreferrer\">link between a judge’s race or ethnicity and that judge’s rulings and sentencing behavior\u003c/a>. The reported results have been \u003ca href=\"https://journals.sagepub.com/doi/abs/10.1177/1532673X19867052?journalCode=aprb&\" target=\"_blank\" rel=\"noopener noreferrer\">mixed\u003c/a> — perhaps reflecting the interplay of a variety of factors that correlate to race and ethnicity, including political ideology.\u003c/p>\n\u003cp>\u003ca href=\"https://politicalscience.yale.edu/people/allison-harris\" target=\"_blank\" rel=\"noopener noreferrer\">Yale University professor Allison Harris’\u003c/a> research into Chicago’s Cook County found that having Black judges around made white judges more fair and led to sentencing equity for Black and white defendants. Among her conclusions: “increasing the number of judges who look like the majority of defendants could reduce those defendants’ likelihood of being imprisoned.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A study published by the American Bar Foundation found that \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">having a diverse bench can also affect judicial outcomes\u003c/a>: Researchers discovered that white judges dismissed 61% of federal cases in which employees alleged workplace discrimination, while judges of color dismissed a dramatically lower 38%. White judges also were particularly more likely to dismiss cases involving minority plaintiffs than those involving white plaintiffs. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It is ... intimidating. It is infuriating. It is not shocking.”","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Felicia Espinosa, Advocacy Director For Root & Rebound","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We want to think of the law as kind of interchangeable and they just apply the law to the facts, but that’s not what all judges are doing,” said \u003ca href=\"https://sociology.northwestern.edu/people/faculty/core/laura-beth-nielsen.html#:~:text=Professor%20Nielsen's%20research%20focuses%20on,race%2C%20gender%2C%20and%20class.\" target=\"_blank\" rel=\"noopener noreferrer\">Northwestern University Law professor Laura Beth Nielsen,\u003c/a> who conducted the research.\u003c/p>\n\u003cp>In another \u003ca href=\"https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1691&context=facpub\" target=\"_blank\" rel=\"noopener noreferrer\">Cornell Law School study of implicit bias among trial court judges\u003c/a>, researchers presented several hypothetical cases and found that judges, like most people, have implicit biases that can affect their judgement. The study also found that judges can suppress those unconscious biases.\u003c/p>\n\u003cp>What may be research fodder for academics is palpable for attorneys, plaintiffs and defendants when they walk into a courtroom.\u003c/p>\n\u003cp>“It is…intimidating. It is infuriating. It is not shocking,” said Felicia Espinosa, describing what it feels like to be the only Latina attorney in court. She works in Fresno, where she’s one of \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">roughly 2,200 attorneys in the county\u003c/a> for a population of nearly 1 million, according to data from the California State Bar.\u003c/p>\n\u003cp>“I’m both dealing with my own internal feelings and thinking about my client and how it impacts them,” said Espinosa, advocacy director for \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Roots and Rebound\u003c/a>, which offers legal aid for people who were once in jail or prison.\u003c/p>\n\u003chr>\n\u003cp>Along the hour drive from Sacramento to Colusa, rows of nut trees and farmland line Lone Star Road leading into town. Dotted with rice fields, almond trees and small farmworker communities, this small county grows about \u003ca href=\"https://www.countyofcolusa.org/DocumentCenter/View/12901/2019-Crop-Report?bidId=\" target=\"_blank\" rel=\"noopener noreferrer\">$1 billion worth of food a year\u003c/a>.\u003c/p>\n\u003cp>The town’s square has the feel of an old Western town with a touch of the plantation. That’s not an exaggeration: The towering courthouse, built in 1861, reflects the county’s heritage from the “ANTE-BELLUM SOUTH AND STATES RIGHTS SYMPATHIES DURING THE CIVIL WAR,” according to \u003ca href=\"https://ohp.parks.ca.gov/ListedResources/Detail/890\" target=\"_blank\" rel=\"noopener noreferrer\">a plaque added to the building\u003c/a> in 1976. It stood in for a Deep South courthouse in the 1962 classic film “To Kill a Mockingbird.”\u003c/p>\n\u003cp>Every week hundreds of people file into the courthouse for traffic court, land titles and the like. A couple of blocks away, outfitted with metal detectors and x-ray machines, the Annex is where many criminal cases are heard.\u003c/p>\n\u003cfigure id=\"attachment_11877195\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877195\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">American flags hang from many of the homes in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From morning to afternoon in these COVID-affected days, dozens of mask-wearing litigants and their supporters wait in small wooden chairs, distanced by more chairs and plastic partitions, for their chance to address the court.\u003c/p>\n\u003cp>Case by case, individuals rise to speak. Often their eyes dart around, looking for the court interpreter who dashes over to translate the legal jargon into Spanish.\u003c/p>\n\u003cp>“¿Podría repetir la pregunta? No entiendo lo que quieres decir,” one defendant implores the judge through interpreter Juanita Ulloa — asking if a question could be repeated because he didn’t understand it.\u003c/p>\n\u003cp>Just beyond Ulloa, photos hang along the wall, marking a time in history when the bench was filled with white men. Things have changed a little since then. \u003ca href=\"https://www.appeal-democrat.com/first-woman-colusa-county-judge-sworn-in/article_1eb0f5bc-be15-5792-8b09-4650fcc6c625.html\" target=\"_blank\" rel=\"noopener noreferrer\">Colusa County welcomed its first woman judge in 2010\u003c/a>, an appointment by then-Gov. Arnold Schwarzenegger. But the bench has not caught up to the county’s demographics.\u003c/p>\n\u003cp>“I’ve always noticed that there were always white judges, white lawyers,” said Jessica Lopez, 32, of Williams, at the Colusa Annex to fight what she termed “a few” pending cases.\u003c/p>\n\u003chr>\n\u003cp>Of course it’s impossible to diversify the bench unless there are qualified Latino attorneys in these areas willing to trade in their briefcases for gavels.\u003c/p>\n\u003cp>In a state where Latinos make up 40% of the population — outnumbering all other groups — only 7% of \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/State-Bar-Annual-Diversity-Report.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California’s practicing attorneys are Latino\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/f023fcff-fab2-49b8-a570-6442c8076847?src=embed\" title=\"Latino judges in the State Bar\" width=\"550\" height=\"750\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Beyond its metropolitan areas, \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">large swaths of California have too few attorneys to represent their population size\u003c/a>. This has fueled attorney deserts where clients and attorneys have to travel miles and miles for meetings and court proceedings.\u003c/p>\n\u003cp>The State Bar Association data doesn’t break down the number of practicing attorneys in an area by race or ethnicity, making it impossible to pinpoint gaps where lawyers of color — and thus potential judges — are in short supply. Several Latino attorneys would not speak to CalMatters on-the-record because they’re only “a few of us,” said one Latino attorney who often appears in several different counties.\u003c/p>\n\u003cp>“That’s obviously a problem,” said Pruitt, the UC Davis law professor. “It is probably related to the fact that there’s a deficit of attorneys and probably a deficit of Latinx attorneys in those areas. A lot of law students are just not interested in going and working in rural California.”\u003c/p>\n\u003chr>\n\u003cp>It’s around noon when criminal defense attorney Roberto Marquez parks and heads inside a Colusa courtroom, positioning himself in the back and pacing back and forth between his client and the prosecutor.\u003c/p>\n\u003cp>As soon as he finishes addressing the court on behalf of his client, Marquez grabs his things and heads out the door — on to his next stop.\u003c/p>\n\u003cp>“Today, I’m in Colusa County, this morning I was in Yuba, and tomorrow, I’ll be who knows where,” Marquez explains later, his cell phone connection sputtering as he travels the rural roads to his next meeting. For more than 30 years, he has traveled as north as Butte County and as south as Sacramento County defending clients. He says he used to think about becoming a judge, but that now is a distant memory and he no longer feels a desire for judicial robes, having grown to love traveling a wide territory as a criminal defense attorney.\u003c/p>\n\u003cp>He’s also not convinced more Latino judges would affect his cases.\u003c/p>\n\u003cp>“I don’t need (judges) to be Hispanic, white, Brown, Black or whatever,” said Marquez. “I just need them to be smart and follow the law, and I feel like I practice in front of some smart, fair-minded judges.”\u003c/p>\n\u003chr>\n\u003cp>Most Superior Court judges first get the job because the governor appoints them after a sitting judge retires. \u003ca href=\"https://www.courts.ca.gov/documents/California_Judicial_Branch.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">The requirements:\u003c/a> have at least 10 years’ experience practicing law, and submit a formal application.\u003c/p>\n\u003cp>Last year, \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/JNE-Demographics-Report-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">14% of state judicial candidates applicants were Latino\u003c/a>. Deciding to leave practicing for judging is a difficult decision that can take a decade’s worth of planning, and some worry about a lack of Latino attorneys to back-fill them if they become judges.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 600px;\" src=\"https://flo.uri.sh/visualisation/6344486/embed?auto=1\" height=\"600\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>For decades, judicial applicants had to know someone who knew someone to pitch themselves to regional Judicial Selection Advisory Committees, all composed of local attorneys and judges. These committees, the conduit to the governor’s office, have the power to make or break a judicial appointment.\u003c/p>\n\u003cp>The committee members were secret under former governors Arnold Schwarzenegger and Jerry Brown.\u003c/p>\n\u003cp>“It was an obstacle course,” said Judge Juan Ulloa, a judge in Imperial County, who once applied for a judicial appointment. “It was very political, very secret. People were able to make anonymous comments.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It was an obstacle course. It was very political, very secret.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Juan Ulloa, Imperial County Judge","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However secretive the meetings were, comments about certain women applicants being “too difficult to work with” or applicants of color “not being hardworking and not seeking out challenging court assignments,” made their way around the judicial circles and often back to applicants, said retired Judge Brenda Harbin-Forte, who once spearheaded the state’s efforts to diversify the bench.\u003c/p>\n\u003cp>“I was told, ‘This lawyer says that you’re not qualified because you’re biased against people with money and property holders’,” said Ulloa, who once worked as a legal aid attorney. It didn’t take long, he said, for him to get the message.\u003c/p>\n\u003cp>Then, in 2019, Gov. Gavin Newsom lifted the veil, sharing the names of the state committee members. It didn’t require new laws or executive orders, and for the first time, Californians could see who was helping select \u003ca href=\"https://www.gov.ca.gov/2019/06/26/in-historic-move-for-transparency-governor-newsom-opens-judicial-selection-advisory-committees-to-identify-next-generation-of-california-judges/\" target=\"_blank\" rel=\"noopener noreferrer\">appointed judges\u003c/a>.\u003c/p>\n\u003cp>“The people of our state have little insight on the process by which judges are chosen, it is only fair that the public knows who is helping to select the people who will serve them,” said Newsom, whose own father had been one of the judges appointed by then-Gov. Jerry Brown.\u003c/p>\n\u003cp>The newfound transparency, however, didn’t extend to local bar associations, several of which are contracted with the governor’s office to evaluate judicial candidates. Local bar associations are not required to disclose who is on their evaluation committees.\u003c/p>\n\u003cfigure id=\"attachment_11877194\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877194\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg\" alt=\"The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, judicial appointments eventually face elections once their terms expire. While California Supreme Court and Courts of Appeal justices serve 12-year terms, Superior Court terms are six years.\u003c/p>\n\u003cp>Although the overwhelming majority of state Superior Court judges are appointed, the state constitution also allows qualified attorneys to run against a Superior Court judge who’s up for election. Absent that rare challenge, Superior Court judges are unopposed and their names do not appear on the ballot.\u003c/p>\n\u003cp>In the four counties that have no Latino judges, former Democratic Gov. Brown appointed a total of seven judges during his second tenure. Just one was a person of color.\u003c/p>\n\u003cp>Yet statewide, Brown made greater strides, with \u003ca href=\"https://web.archive.org/web/20190327212457/https://www.ca.gov/archive/gov39/2019/01/03/governor-brown-swears-in-justice-groban-to-california-supreme-court-releases-judicial-appointment-data/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">16% of his appointments being Latinos\u003c/a>. So far, \u003ca href=\"https://www.gov.ca.gov/2021/03/01/governor-newsom-releases-2020-judicial-appointment-data/\" target=\"_blank\" rel=\"noopener noreferrer\">18% of Newsom’s judicial appointments\u003c/a> have gone to Latinos. 11% of former \u003ca href=\"https://www.courts.ca.gov/partners/documents/gov-2010appdata.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Gov. Arnold Schwarzenegger’s appointees were Latinos\u003c/a>.\u003c/p>\n\u003cp>Because challenges can happen, governors have to consider whether their appointees can withstand one.\u003c/p>\n\u003cp>After being appointed by Brown in 2018, Judge Monique Langhorne, a Black woman, faced an opponent in last year’s election — the first challenge to a sitting Napa County judge in three decades. “I’d never run in an election. None of the sitting judges here had ever run in an election, and I didn’t know who I could lean on to learn what to do,” she told the Napa Valley Register. \u003ca href=\"https://napavalleyregister.com/news/local/monique-langhorne-wins-napa-county-s-first-election-for-judge-s-seat-since-1980s/article_6426a270-f15b-5a64-a191-fe0dec9eb699.html\" target=\"_blank\" rel=\"noopener noreferrer\">She retained her judgeship\u003c/a>.\u003c/p>\n\u003cp>However uncommon, judges become politicians when they face a challenge — seeking campaign donations and votes.\u003c/p>\n\u003cp>And while a governor may make diversity a tenet for judicial appointments, local voters may have different priorities.\u003c/p>\n\u003cp>As researchers and politicians iron out what diversity on the courts mean and how the state should get there, residents who appear before judges are often left shrugging their shoulders.\u003c/p>\n\u003cp>“That’s just the way it is. I’ve been in the court system since I was 16, and they’ve all been white,” said a 28-year-old Latino before he gets into his black pickup and drives away from the Colusa courthouse.\u003c/p>\n\u003cp>“I’ve only seen a Latino judge on TV.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Graphics by Liliana Michelena\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11877153/in-absentia-zero-latino-judges-in-these-majority-latino-california-counties","authors":["byline_news_11877153"],"categories":["news_6188","news_8"],"tags":["news_18538","news_47","news_20605","news_21442","news_29562"],"featImg":"news_11877190","label":"source_news_11877153"},"news_11134038":{"type":"posts","id":"news_11134038","meta":{"index":"posts_1591205157","site":"news","id":"11134038","score":null,"sort":[1476840551000]},"guestAuthors":[],"slug":"often-overlooked-state-court-judge-races-can-have-a-big-impact","title":"Often Overlooked, State Court Judge Races Can Have a Big Impact","publishDate":1476840551,"format":"standard","headTitle":"Election 2016 | News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"#note\">Editor's Note:\u003c/a> This story contains a correction.\u003c/em>\u003c/p>\n\u003cp>\u003cem>As part of our election series \"All Politics is Local,\" we're looking at some of the races voters will find lower down on their ballots. We hear plenty about the presidential election. These races are less publicized, but no less important.\u003c/em>\u003c/p>\n\u003cp>A review of recent voter participation data in San Francisco confirms conventional wisdom: judicial races are some of the most obscure on the ballot, with voters more likely to skip the choice.\u003c/p>\n\u003cp>It's no surprise to Mindy Romero, who heads the \u003ca href=\"http://ccep.ucdavis.edu/\" target=\"_blank\">California Civic Engagement Project\u003c/a> at UC Davis.\u003c/p>\n\u003cp>\"Voters want to feel comfortable and confident in their vote on all of the decisions on the ballot, and particularly it seems that the judicial races are difficult,\" she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Judicial races in San Francisco received the least amount of votes the last time the city elected a Superior Court judge two years ago. Just over a third of registered voters selected a candidate in the race.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/288859127\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>That's partially due to the races being nonpartisan and the apolitical nature of the judiciary, Romero said. Judges are ethically bound to remain objective on any issue that could come before them, and that can leave voters in a quandary on which candidate to pick.\u003c/p>\n\u003cp>But every once in a while, voters get a stark reminder on the power Superior Court judges wield.\u003c/p>\n\u003cp>Santa Clara County Superior Court Judge \u003ca href=\"https://ww2.kqed.org/news/tag/aaron-persky/\" target=\"_blank\">Aaron Persky\u003c/a>'s sentence of former Stanford student Brock Turner to a six-month jail term for sexual assault stirred national controversy this year.\u003c/p>\n\u003cp>Critics blasted Persky's sentence -- the charges could have landed the champion swimmer in prison for 14 years -- and seized on the case as a potent example of unfairness in the criminal justice system.\u003c/p>\n\u003cp>Although Persky is up for re-election this November, he's running unopposed so his name won't appear on local ballots. He could face a special \u003ca href=\"https://ww2.kqed.org/news/2016/08/25/judging-the-judges-recalls-may-become-easier-but-is-that-better-for-california/\" target=\"_blank\">recall\u003c/a> election next year.\u003c/p>\n\u003cp>Following the scandal, Persky \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/judge-aaron-persky-brock-turner-case/\" target=\"_blank\">transferred\u003c/a> to Santa Clara's civil division, so he'll no longer hear sexual assault or other criminal cases.\u003c/p>\n\u003cp>But judges presiding over civil cases have extreme discretion, too, as San Franciscans were reminded late last year. After nine of the city's police officers swapped some violently racist, homophobic and sexist \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/\" target=\"_blank\">text messages,\u003c/a> Judge Ernest Goldsmith \u003ca href=\"https://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal/\" target=\"_blank\">handed down a ruling\u003c/a> that kept the officers employed and on the city's payroll. Now, as Goldsmith retires, the city is \u003ca href=\"https://ww2.kqed.org/news/2016/01/05/s-f-city-attorney-appeals-ruling-on-police-texting-scandal/\" target=\"_blank\">appealing\u003c/a> his interpretation of state law, and voters will select his replacement from two candidates steeped in city policing issues.\u003c/p>\n\u003cp>Both Paul Henderson and Victor Hwang are former San Francisco prosecutors. Now Hwang is a civil rights attorney who moonlights as a city police commissioner. In addition to grappling with the policy implications of scandals emerging from the SFPD, he would have heard disciplinary charges against the officers involved in the racist texting scandal. But before the former police chief's recommendation that those officers be fired reached the commission, they challenged the discipline in Superior Court, with attorneys paid for by the San Francisco Police Officers Association.\u003c/p>\n\u003cp>\"As a police commissioner, wearing that hat, we have been shielded away from that litigation,\" Hwang said. \"I have not looked at any of the papers, and I can’t comment on the judge’s decision on that case.\"\u003c/p>\n\u003cp>\"I think anytime there’s an allegation of misconduct on the part of SFPD, we want to take quick and decisive action from the commission,\" he added.\u003c/p>\n\u003cp>Henderson is deputy chief of staff and public safety director for Mayor Ed Lee, who, along with other city and Police Department leaders, wanted the officers involved in the text messaging scandal fired.\u003c/p>\n\u003cp>\"That’s just not acceptable and cannot be acceptable,\" Henderson said of the bigoted texts. \"We cannot have a fair Police Department with communications like that.\"\u003c/p>\n\u003cp>Henderson said he wants to make the courts more accessible to marginalized communities, and his experience as a black man informs his sense of justice.\u003c/p>\n\u003cp>\"If I’m successful in this race, I will not be able to ignore that, yes, I’m still an African-American man that is from this community,\" he said. \"I have had experiences, positive and negative with a whole host of agencies and individuals that don't necessarily define how I make my decisions, but they’re absolutely relevant to who I am as a person.\"\u003c/p>\n\u003cp>Both candidates say they embrace the accountability that judicial elections bring to the bench.\u003c/p>\n\u003cp>\"I do think this is a unique opportunity for voters to elect a judge,\" Hwang said, \"and I think part of our message is trying to convince them to vote down-ballot in this very high-profile presidential election cycle. I think it’s important, and what I have emphasized over and over to voters is forget the politics, this is not a political race.\"\u003c/p>\n\u003cp>But Romero said elections are an imperfect way to keep judges accountable.\u003c/p>\n\u003cp>\"Even if you believe in accountability and you believe that voters should weigh in, because voters often report that they don’t have enough information to feel comfortable about a judicial race, then are you really having accountability?\" she said.\u003c/p>\n\u003cp>Conscientious voters could look at endorsements, she said, since they can't assess judges by party affiliation. And Romero suggested another option for voters to get more information: Follow the money.\u003c/p>\n\u003cp>\"To challenge a judge and to get re-elected in a contested race, you do need a lot of money,\" she said. \"We know that elected officials generally have to be concerned about their donors and who got them there, who supported them along the way, and is it always realistic for us to assume that judges, once elected, can completely rule out donors and other folks that supported them?\"\u003c/p>\n\u003cp>Hwang raised $239,386 between January and late September, according to California Secretary of State \u003ca href=\"http://cal-access.ss.ca.gov/\" target=\"_blank\">campaign finance data\u003c/a>. Henderson collected $129,053 over the same period.\u003c/p>\n\u003cp>Both candidates' donor rolls include a spectrum of attorneys and other members of the Bay Area's legal community, and both have \u003ca href=\"http://www.sfexaminer.com/two-judicial-candidates-expected-head-november-ballot/\" target=\"_blank\">standout large donors\u003c/a>.\u003c/p>\n\u003cp>Hwang appears to have amassed some support on the San Francisco left, including donations from prominent progressives like state Senate candidate Jane Kim.* Henderson netted donations from two candidates for the city's next chief of police, the president of the Police Commission and the sheriff.\u003c/p>\n\u003cp>Henderson also received $1,000 from the San Francisco Police Officers Association's political action committee and $250 from Paul Chignell, the POA's legal defense administrator -- parties involved in funding the legal defense that kept SFPD officers who sent bigoted texts on the city's payroll.\u003c/p>\n\u003cp>Hwang and Henderson both acknowledge an uphill battle in educating voters on their race, often fielding a basic question: Judges have to run?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"I welcome those conversations because people only ask questions for the things that they care about,\" Henderson said.\u003cbr>\n\u003ca id=\"name\">\u003c/a>\u003cbr>\n\u003cem>*This story has been updated to correctly identify donors to Victor Hwang.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":" Judicial races are some of the most obscure on the ballot. How can voters make informed decisions that will affect cases they care about?","status":"publish","parent":0,"modified":1478028461,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1209},"headData":{"title":"Often Overlooked, State Court Judge Races Can Have a Big Impact | KQED","description":" Judicial races are some of the most obscure on the ballot. How can voters make informed decisions that will affect cases they care about?","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11134038 http://ww2.kqed.org/news/?p=11134038","disqusUrl":"https://ww2.kqed.org/news/2016/10/18/often-overlooked-state-court-judge-races-can-have-a-big-impact/","disqusTitle":"Often Overlooked, State Court Judge Races Can Have a Big Impact","path":"/news/11134038/often-overlooked-state-court-judge-races-can-have-a-big-impact","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"#note\">Editor's Note:\u003c/a> This story contains a correction.\u003c/em>\u003c/p>\n\u003cp>\u003cem>As part of our election series \"All Politics is Local,\" we're looking at some of the races voters will find lower down on their ballots. We hear plenty about the presidential election. These races are less publicized, but no less important.\u003c/em>\u003c/p>\n\u003cp>A review of recent voter participation data in San Francisco confirms conventional wisdom: judicial races are some of the most obscure on the ballot, with voters more likely to skip the choice.\u003c/p>\n\u003cp>It's no surprise to Mindy Romero, who heads the \u003ca href=\"http://ccep.ucdavis.edu/\" target=\"_blank\">California Civic Engagement Project\u003c/a> at UC Davis.\u003c/p>\n\u003cp>\"Voters want to feel comfortable and confident in their vote on all of the decisions on the ballot, and particularly it seems that the judicial races are difficult,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Judicial races in San Francisco received the least amount of votes the last time the city elected a Superior Court judge two years ago. Just over a third of registered voters selected a candidate in the race.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/288859127&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/288859127'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>That's partially due to the races being nonpartisan and the apolitical nature of the judiciary, Romero said. Judges are ethically bound to remain objective on any issue that could come before them, and that can leave voters in a quandary on which candidate to pick.\u003c/p>\n\u003cp>But every once in a while, voters get a stark reminder on the power Superior Court judges wield.\u003c/p>\n\u003cp>Santa Clara County Superior Court Judge \u003ca href=\"https://ww2.kqed.org/news/tag/aaron-persky/\" target=\"_blank\">Aaron Persky\u003c/a>'s sentence of former Stanford student Brock Turner to a six-month jail term for sexual assault stirred national controversy this year.\u003c/p>\n\u003cp>Critics blasted Persky's sentence -- the charges could have landed the champion swimmer in prison for 14 years -- and seized on the case as a potent example of unfairness in the criminal justice system.\u003c/p>\n\u003cp>Although Persky is up for re-election this November, he's running unopposed so his name won't appear on local ballots. He could face a special \u003ca href=\"https://ww2.kqed.org/news/2016/08/25/judging-the-judges-recalls-may-become-easier-but-is-that-better-for-california/\" target=\"_blank\">recall\u003c/a> election next year.\u003c/p>\n\u003cp>Following the scandal, Persky \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/judge-aaron-persky-brock-turner-case/\" target=\"_blank\">transferred\u003c/a> to Santa Clara's civil division, so he'll no longer hear sexual assault or other criminal cases.\u003c/p>\n\u003cp>But judges presiding over civil cases have extreme discretion, too, as San Franciscans were reminded late last year. After nine of the city's police officers swapped some violently racist, homophobic and sexist \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/\" target=\"_blank\">text messages,\u003c/a> Judge Ernest Goldsmith \u003ca href=\"https://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal/\" target=\"_blank\">handed down a ruling\u003c/a> that kept the officers employed and on the city's payroll. Now, as Goldsmith retires, the city is \u003ca href=\"https://ww2.kqed.org/news/2016/01/05/s-f-city-attorney-appeals-ruling-on-police-texting-scandal/\" target=\"_blank\">appealing\u003c/a> his interpretation of state law, and voters will select his replacement from two candidates steeped in city policing issues.\u003c/p>\n\u003cp>Both Paul Henderson and Victor Hwang are former San Francisco prosecutors. Now Hwang is a civil rights attorney who moonlights as a city police commissioner. In addition to grappling with the policy implications of scandals emerging from the SFPD, he would have heard disciplinary charges against the officers involved in the racist texting scandal. But before the former police chief's recommendation that those officers be fired reached the commission, they challenged the discipline in Superior Court, with attorneys paid for by the San Francisco Police Officers Association.\u003c/p>\n\u003cp>\"As a police commissioner, wearing that hat, we have been shielded away from that litigation,\" Hwang said. \"I have not looked at any of the papers, and I can’t comment on the judge’s decision on that case.\"\u003c/p>\n\u003cp>\"I think anytime there’s an allegation of misconduct on the part of SFPD, we want to take quick and decisive action from the commission,\" he added.\u003c/p>\n\u003cp>Henderson is deputy chief of staff and public safety director for Mayor Ed Lee, who, along with other city and Police Department leaders, wanted the officers involved in the text messaging scandal fired.\u003c/p>\n\u003cp>\"That’s just not acceptable and cannot be acceptable,\" Henderson said of the bigoted texts. \"We cannot have a fair Police Department with communications like that.\"\u003c/p>\n\u003cp>Henderson said he wants to make the courts more accessible to marginalized communities, and his experience as a black man informs his sense of justice.\u003c/p>\n\u003cp>\"If I’m successful in this race, I will not be able to ignore that, yes, I’m still an African-American man that is from this community,\" he said. \"I have had experiences, positive and negative with a whole host of agencies and individuals that don't necessarily define how I make my decisions, but they’re absolutely relevant to who I am as a person.\"\u003c/p>\n\u003cp>Both candidates say they embrace the accountability that judicial elections bring to the bench.\u003c/p>\n\u003cp>\"I do think this is a unique opportunity for voters to elect a judge,\" Hwang said, \"and I think part of our message is trying to convince them to vote down-ballot in this very high-profile presidential election cycle. I think it’s important, and what I have emphasized over and over to voters is forget the politics, this is not a political race.\"\u003c/p>\n\u003cp>But Romero said elections are an imperfect way to keep judges accountable.\u003c/p>\n\u003cp>\"Even if you believe in accountability and you believe that voters should weigh in, because voters often report that they don’t have enough information to feel comfortable about a judicial race, then are you really having accountability?\" she said.\u003c/p>\n\u003cp>Conscientious voters could look at endorsements, she said, since they can't assess judges by party affiliation. And Romero suggested another option for voters to get more information: Follow the money.\u003c/p>\n\u003cp>\"To challenge a judge and to get re-elected in a contested race, you do need a lot of money,\" she said. \"We know that elected officials generally have to be concerned about their donors and who got them there, who supported them along the way, and is it always realistic for us to assume that judges, once elected, can completely rule out donors and other folks that supported them?\"\u003c/p>\n\u003cp>Hwang raised $239,386 between January and late September, according to California Secretary of State \u003ca href=\"http://cal-access.ss.ca.gov/\" target=\"_blank\">campaign finance data\u003c/a>. Henderson collected $129,053 over the same period.\u003c/p>\n\u003cp>Both candidates' donor rolls include a spectrum of attorneys and other members of the Bay Area's legal community, and both have \u003ca href=\"http://www.sfexaminer.com/two-judicial-candidates-expected-head-november-ballot/\" target=\"_blank\">standout large donors\u003c/a>.\u003c/p>\n\u003cp>Hwang appears to have amassed some support on the San Francisco left, including donations from prominent progressives like state Senate candidate Jane Kim.* Henderson netted donations from two candidates for the city's next chief of police, the president of the Police Commission and the sheriff.\u003c/p>\n\u003cp>Henderson also received $1,000 from the San Francisco Police Officers Association's political action committee and $250 from Paul Chignell, the POA's legal defense administrator -- parties involved in funding the legal defense that kept SFPD officers who sent bigoted texts on the city's payroll.\u003c/p>\n\u003cp>Hwang and Henderson both acknowledge an uphill battle in educating voters on their race, often fielding a basic question: Judges have to run?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I welcome those conversations because people only ask questions for the things that they care about,\" Henderson said.\u003cbr>\n\u003ca id=\"name\">\u003c/a>\u003cbr>\n\u003cem>*This story has been updated to correctly identify donors to Victor Hwang.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11134038/often-overlooked-state-court-judge-races-can-have-a-big-impact","authors":["3206"],"programs":["news_6944"],"series":["news_19101"],"categories":["news_6188","news_8","news_13"],"tags":["news_47"],"featImg":"news_11135737","label":"news_6944"},"news_10869617":{"type":"posts","id":"news_10869617","meta":{"index":"posts_1591205157","site":"news","id":"10869617","score":null,"sort":[1456387513000]},"guestAuthors":[],"slug":"browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies","title":"Brown's Judicial Appointments Reflect Shift Away From Harsh Sentencing Policies","publishDate":1456387513,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>California's criminal justice system has undergone a host of dramatic changes since Gov. Jerry Brown was elected to his third term in 2010 -- many of them engineered or supported by Brown, in large part to ease crowding in the state's prison system.\u003c/p>\n\u003cp>Most recently, he \u003ca href=\"http://ww2.kqed.org/news/2016/01/27/Brown-Rolls-Out-Sentencing-Reform-Ballot-Measure\" target=\"_blank\">proposed a ballot measure\u003c/a> that aims to let thousands of nonviolent offenders qualify earlier for parole if they participate in rehabilitation programs while behind bars. Previously, he pushed \u003ca href=\"http://ww2.kqed.org/news/tag/realignment\" target=\"_blank\">realignment\u003c/a>, which shifted thousands of offenders from state prisons to local jails.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/248877694\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>But there's another part of Brown's legacy that could have as much or even more of a lasting impact on how California approaches those accused in the criminal justice system, not just how it punishes those already convicted. And it's one the governor has approached quietly, without fanfare: His judiciary appointments.\u003c/p>\n\u003cp>\u003cstrong>Public Defender Appointments Mark Shift From Predecessors\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since taking office five years ago, Brown has made 309 appointments to the bench. A KQED analysis shows that 26 percent, or 81 of those elevated, have been public defenders at one point in their careers. About 14 percent were district attorneys, and a total of 31 percent had some prosecutorial background.\u003c/p>\n\u003cp>It's impossible to directly compare that record to prior governors, because the state doesn't track judges in that manner. But observers said the sizable number of public defender appointments is a big shift from Brown's predecessors, who largely appointed prosecutors -- though they added that it's not unprecedented, if you look back at the governor's appointments during his first two terms from 1975 to 1983.\u003c/p>\n\u003cfigure id=\"attachment_10877262\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/ChinoInmatesBunks-800x583.jpg\" alt=\"Inmates at Chino State Prison walk in between their double bunks in an overcrowded dayroom that was modified to house prisoners in 2010. At the time, more than 144,000 inmates were incarcerated in prisons that were designed to hold about 80,000.\" width=\"800\" height=\"583\" class=\"size-medium wp-image-10877262\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-1180x860.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-960x700.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison walk in between their double bunks in an overcrowded dayroom that was modified to house prisoners in 2010. At the time, more than 144,000 inmates were incarcerated in prisons that were designed to hold about 80,000. \u003ccite>(Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It does, however, mark a significant shift from the \"tough on crime\" trends of the 1990s and early 2000s, which helped pack California's prisons and jails far beyond capacity, led to a \u003ca href=\"http://ww2.kqed.org/news/2014/02/10/federal-judges-give-state-two-more-years-to-cut-prison-population\" target=\"_blank\">federal court order\u003c/a> to reduce the state's prison population -- and has portended a political shift away from harsh sentencing policies and toward rehabilitating offenders.\u003c/p>\n\u003cp>Michael Ogul, president of the California Public Defenders Association, said that while someone's work experience doesn't predict everything about how they will approach criminal cases, he believes a more diverse bench will make for a more balanced system. He's been practicing for 35 years.\u003c/p>\n\u003cp>\"Most district attorney judges that I've experienced are unable to divorce themselves from their background once they become a judge... They are still trying to help the prosecution, they are still trying to move the case towards conviction or towards a harsher punishment,\" he said.\u003c/p>\n\u003cp>\"Now, the hope is that the new era of public defender judges will actually be people who are not jaded, who are genuinely open-minded, open to considering the totality of the evidence and trying to understand the background of the individual who appears before them,\" Ogul said.\u003c/p>\n\u003cp>\"From what I have seen so far, it seems like there are a higher percentage of that frame of mind under appointments of Gov. Brown than any other administration.\"\u003c/p>\n\u003cp>\u003cstrong>Brown: Diversity on Bench Also Means Work Experience\u003c/strong>\u003c/p>\n\u003cp>In a recent interview with KQED, Brown said he believes diversity extends beyond someone's race, ethnicity, sexual orientation or gender -- it also includes their life and work experience.\u003c/p>\n\u003cp>https://youtu.be/oYZA6ZKS3hQ?t=354\u003c/p>\n\u003cp>\"We never had a tradition that said to be a judge you had to be a district attorney. That developed probably in the '90s,\" Brown said. \"The judges are supposed to be independent. You want judges that have a commercial background, you want judges that have a prosecutorial background, city attorneys, or county counsel, or small practice, plaintiffs' practice -- you want a diversity, instead of kind of a one note fits all.\"\u003c/p>\n\u003cp>Brown charged that \"using and manipulating the fear of crime has allowed one segment of our society\" -- law enforcement -- to dominate the bench. But prosecutors aren't the only qualified lawyers, he said.\u003c/p>\n\u003cp>\"I have tried to look at the merits really, and I think most people would say the quality of the bench, the judiciary, is definitely very good (when it comes to) the members I have appointed,\" he said.\u003c/p>\n\u003cp>Not everyone, however, thinks the change is a good thing.\u003c/p>\n\u003cp>Michael Rushford, president of the Criminal Justice Legal Foundation, a pro-law enforcement policy and legal group, said that the \"biggest legacy a governor can leave is their judicial appointments.\" During his first two terms, Rushford contends, Brown appointed \"an incredible amount of activist\" judges to the bench who were \"very favorable to defendants.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'[The] biggest legacy a governor can leave is their judicial appointments.'\u003c/aside>\n\u003cp>Rushford said it's too soon to tell what impact Brown's most recent appointments will have. But he agreed there does seem to be a shift from most of Brown's predecessors -- George Deukmejian, Pete Wilson and Gray Davis -- who leaned toward prosecutors. Arnold Schwarzenegger, he said, seemed to appoint more liberal judges in left-leaning counties and conservative judges in right-leaning counties.\u003c/p>\n\u003cp>He said diversity shouldn't be a factor when appointments are considered.\u003c/p>\n\u003cp>\"The system is as important as, let's say, surgery -- people's lives are on the line,\" he said. \"Would it matter, what would be the importance to you, needing critical surgery to screen the surgeon by gender and race and ethnicity -- or would you rather get the very best surgeon for the job?\"\u003c/p>\n\u003cp>But former Gov. Gray Davis, who was praised for the demographic diversity of his judicial appointments, said the court's credibility is burnished when its officers reflect the state.\u003c/p>\n\u003cp>[contextly_sidebar id=\"SrSLAp73UFiFSW26bYPo1EPqSa3XBPnB\"]\u003c/p>\n\u003cp>Davis said he came into office promising to appoint a more diverse set of judges than his GOP predecessors had -- and that judicial appointments are among a governor's most important and lasting pieces of their legacy.\u003c/p>\n\u003cp>\"These judges almost always outlast the governors who appoint them -- they can serve 10, 20, 30 years,\" he said.\u003c/p>\n\u003cp>Davis served as chief of staff to Brown from 1975 to 1981. While he was significantly closer to law enforcement than his former boss was, Davis said he learned from Brown's approach to judicial appointments.\u003c/p>\n\u003cp>\"Jerry Brown felt s\u003cspan style=\"font-weight: 400\">trongly that the appointment process had to be more diverse and that had imprint on me,\" he said. \"I am not surprised that he's still of the view that he was during his first two terms in office -- that this is a big state, it's a diverse state, and one of the things you should try and do as you appoint judges up and down the state is find good people, fair people, compassionate people -- but also to try and expand the diversity that exists on the court.\"\u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>KQED producer Guy Marzorati contributed to this report. \u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Observers say Gov. Brown's sizable number of public defender appointments is a big shift from his predecessors, who largely appointed prosecutors.","status":"publish","parent":0,"modified":1456425055,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1226},"headData":{"title":"Brown's Judicial Appointments Reflect Shift Away From Harsh Sentencing Policies | KQED","description":"Observers say Gov. Brown's sizable number of public defender appointments is a big shift from his predecessors, who largely appointed prosecutors.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10869617 http://ww2.kqed.org/news/?p=10869617","disqusUrl":"https://ww2.kqed.org/news/2016/02/25/browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies/","disqusTitle":"Brown's Judicial Appointments Reflect Shift Away From Harsh Sentencing Policies","path":"/news/10869617/browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California's criminal justice system has undergone a host of dramatic changes since Gov. Jerry Brown was elected to his third term in 2010 -- many of them engineered or supported by Brown, in large part to ease crowding in the state's prison system.\u003c/p>\n\u003cp>Most recently, he \u003ca href=\"http://ww2.kqed.org/news/2016/01/27/Brown-Rolls-Out-Sentencing-Reform-Ballot-Measure\" target=\"_blank\">proposed a ballot measure\u003c/a> that aims to let thousands of nonviolent offenders qualify earlier for parole if they participate in rehabilitation programs while behind bars. Previously, he pushed \u003ca href=\"http://ww2.kqed.org/news/tag/realignment\" target=\"_blank\">realignment\u003c/a>, which shifted thousands of offenders from state prisons to local jails.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/248877694&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/248877694'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But there's another part of Brown's legacy that could have as much or even more of a lasting impact on how California approaches those accused in the criminal justice system, not just how it punishes those already convicted. And it's one the governor has approached quietly, without fanfare: His judiciary appointments.\u003c/p>\n\u003cp>\u003cstrong>Public Defender Appointments Mark Shift From Predecessors\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since taking office five years ago, Brown has made 309 appointments to the bench. A KQED analysis shows that 26 percent, or 81 of those elevated, have been public defenders at one point in their careers. About 14 percent were district attorneys, and a total of 31 percent had some prosecutorial background.\u003c/p>\n\u003cp>It's impossible to directly compare that record to prior governors, because the state doesn't track judges in that manner. But observers said the sizable number of public defender appointments is a big shift from Brown's predecessors, who largely appointed prosecutors -- though they added that it's not unprecedented, if you look back at the governor's appointments during his first two terms from 1975 to 1983.\u003c/p>\n\u003cfigure id=\"attachment_10877262\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/ChinoInmatesBunks-800x583.jpg\" alt=\"Inmates at Chino State Prison walk in between their double bunks in an overcrowded dayroom that was modified to house prisoners in 2010. At the time, more than 144,000 inmates were incarcerated in prisons that were designed to hold about 80,000.\" width=\"800\" height=\"583\" class=\"size-medium wp-image-10877262\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-1180x860.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/ChinoInmatesBunks-960x700.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison walk in between their double bunks in an overcrowded dayroom that was modified to house prisoners in 2010. At the time, more than 144,000 inmates were incarcerated in prisons that were designed to hold about 80,000. \u003ccite>(Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It does, however, mark a significant shift from the \"tough on crime\" trends of the 1990s and early 2000s, which helped pack California's prisons and jails far beyond capacity, led to a \u003ca href=\"http://ww2.kqed.org/news/2014/02/10/federal-judges-give-state-two-more-years-to-cut-prison-population\" target=\"_blank\">federal court order\u003c/a> to reduce the state's prison population -- and has portended a political shift away from harsh sentencing policies and toward rehabilitating offenders.\u003c/p>\n\u003cp>Michael Ogul, president of the California Public Defenders Association, said that while someone's work experience doesn't predict everything about how they will approach criminal cases, he believes a more diverse bench will make for a more balanced system. He's been practicing for 35 years.\u003c/p>\n\u003cp>\"Most district attorney judges that I've experienced are unable to divorce themselves from their background once they become a judge... They are still trying to help the prosecution, they are still trying to move the case towards conviction or towards a harsher punishment,\" he said.\u003c/p>\n\u003cp>\"Now, the hope is that the new era of public defender judges will actually be people who are not jaded, who are genuinely open-minded, open to considering the totality of the evidence and trying to understand the background of the individual who appears before them,\" Ogul said.\u003c/p>\n\u003cp>\"From what I have seen so far, it seems like there are a higher percentage of that frame of mind under appointments of Gov. Brown than any other administration.\"\u003c/p>\n\u003cp>\u003cstrong>Brown: Diversity on Bench Also Means Work Experience\u003c/strong>\u003c/p>\n\u003cp>In a recent interview with KQED, Brown said he believes diversity extends beyond someone's race, ethnicity, sexual orientation or gender -- it also includes their life and work experience.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/oYZA6ZKS3hQ'\n title='//www.youtube.com/embed/oYZA6ZKS3hQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\"We never had a tradition that said to be a judge you had to be a district attorney. That developed probably in the '90s,\" Brown said. \"The judges are supposed to be independent. You want judges that have a commercial background, you want judges that have a prosecutorial background, city attorneys, or county counsel, or small practice, plaintiffs' practice -- you want a diversity, instead of kind of a one note fits all.\"\u003c/p>\n\u003cp>Brown charged that \"using and manipulating the fear of crime has allowed one segment of our society\" -- law enforcement -- to dominate the bench. But prosecutors aren't the only qualified lawyers, he said.\u003c/p>\n\u003cp>\"I have tried to look at the merits really, and I think most people would say the quality of the bench, the judiciary, is definitely very good (when it comes to) the members I have appointed,\" he said.\u003c/p>\n\u003cp>Not everyone, however, thinks the change is a good thing.\u003c/p>\n\u003cp>Michael Rushford, president of the Criminal Justice Legal Foundation, a pro-law enforcement policy and legal group, said that the \"biggest legacy a governor can leave is their judicial appointments.\" During his first two terms, Rushford contends, Brown appointed \"an incredible amount of activist\" judges to the bench who were \"very favorable to defendants.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'[The] biggest legacy a governor can leave is their judicial appointments.'\u003c/aside>\n\u003cp>Rushford said it's too soon to tell what impact Brown's most recent appointments will have. But he agreed there does seem to be a shift from most of Brown's predecessors -- George Deukmejian, Pete Wilson and Gray Davis -- who leaned toward prosecutors. Arnold Schwarzenegger, he said, seemed to appoint more liberal judges in left-leaning counties and conservative judges in right-leaning counties.\u003c/p>\n\u003cp>He said diversity shouldn't be a factor when appointments are considered.\u003c/p>\n\u003cp>\"The system is as important as, let's say, surgery -- people's lives are on the line,\" he said. \"Would it matter, what would be the importance to you, needing critical surgery to screen the surgeon by gender and race and ethnicity -- or would you rather get the very best surgeon for the job?\"\u003c/p>\n\u003cp>But former Gov. Gray Davis, who was praised for the demographic diversity of his judicial appointments, said the court's credibility is burnished when its officers reflect the state.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Davis said he came into office promising to appoint a more diverse set of judges than his GOP predecessors had -- and that judicial appointments are among a governor's most important and lasting pieces of their legacy.\u003c/p>\n\u003cp>\"These judges almost always outlast the governors who appoint them -- they can serve 10, 20, 30 years,\" he said.\u003c/p>\n\u003cp>Davis served as chief of staff to Brown from 1975 to 1981. While he was significantly closer to law enforcement than his former boss was, Davis said he learned from Brown's approach to judicial appointments.\u003c/p>\n\u003cp>\"Jerry Brown felt s\u003cspan style=\"font-weight: 400\">trongly that the appointment process had to be more diverse and that had imprint on me,\" he said. \"I am not surprised that he's still of the view that he was during his first two terms in office -- that this is a big state, it's a diverse state, and one of the things you should try and do as you appoint judges up and down the state is find good people, fair people, compassionate people -- but also to try and expand the diversity that exists on the court.\"\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED producer Guy Marzorati contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10869617/browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17825","news_30","news_47","news_17286","news_17041"],"featImg":"news_10876951","label":"news_72"},"news_10394204":{"type":"posts","id":"news_10394204","meta":{"index":"posts_1591205157","site":"news","id":"10394204","score":null,"sort":[1420390838000]},"guestAuthors":[],"slug":"santa-clara-countys-new-top-judge-is-first-minority-and-a-testament-to-change","title":"Santa Clara County's New Top Judge Is First Minority and a 'Testament to Change' ","publishDate":1420390838,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>It's been a long time coming in \u003ca title=\"Diversity\" href=\"http://http://www.jointventure.org/images/stories/pdf/index2014.pdf\">one of the most diverse counties\u003c/a> in California.\u003c/p>\n\u003cp>On Jan. 1, Rise Jones Pichon, who is African-American, became \u003ca href=\"http://Judicial%20Pool%20Powerpoint%202012.ppt\">Santa Clara County's first minority\u003c/a> presiding Superior Court judge.\u003c/p>\n\u003cp>\"One of our most profound institutions in any society are the courts. And the courts need to reflect the diversity in any society,\" said Chris Arriola, supervising deputy district attorney for Santa Clara County's juvenile justice unit. \"So the fact it's taken 164 years to get a minority (presiding) judge does seem like quite a long time.\"\u003c/p>\n\u003cp>Pichon, 62, said she got to the top of her legal career by taking chances outside her comfort zone and learning how to deal with obstacles tied to her race. Today she brings to her new position a lifelong understanding of race relations.\u003c/p>\n\u003cp>\"Having lived when I lived gives a person a great understanding of how people feel, how they feel when there's only one of them in a group,\" said Pichon.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The fact that they can feel powerless and some can abuse their power. ... It's given me the courage at this point of my life to make sure people are treated fairly. I can't say it's best to treat everyone the same because that's no longer true. Justice is not blind.\"\u003c/p>\n\u003cfigure id=\"attachment_10394467\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo.jpeg\">\u003cimg class=\"size-thumbnail wp-image-10394467\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo-400x300.jpeg\" alt=\"Pichon's immediate family in Little Rock, Arkansas circa 1950. (Courtesy Pichon)\" width=\"400\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo.jpeg 2048w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rise Jones Pichon's immediate family in Little Rock, Arkansas, circa 1950. (Courtesy Rise Jones Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>Pichon grew up in the segregated South, where her great-great grandmothers were slaves and \"colored only\" signs were posted in public places.\u003c/p>\n\u003cp>\"The signs were still on the bus, you know, that you sat behind. The signs were still on the water fountains and the restrooms. It wasn't anything that made me sad. It was just the way it was,\" she said.\u003c/p>\n\u003cp>She developed a way of dealing with these obstacles that has stayed with her. A good example is what happened at her high school in Little Rock, Arkansas, when it was the third year that African-American students were allowed to attend classes. She wanted to play in the band but was forced to play the baritone horn instead of the instrument she chose.\u003c/p>\n\u003cp>\"I really wanted to play the French horn. But the instructor said that my lips were too big so I couldn't play a French horn,\" said Pichon.\u003c/p>\n\u003cp>Instead of talking back to the instructor, Pichon said she excelled at the baritone horn. From then on, excelling became her way of navigating around the barriers of racism.\u003c/p>\n\u003cp>And there were plenty more to come.\u003c/p>\n\u003cp>The biggest shock was when she moved to San Jose with her family in 1969. When they bought a home, a number of the houses on the block immediately went up for sale. Coming from the South, Pichon expected California to be the land of golden racial equality. That was not the case.\u003c/p>\n\u003cp>\"And my brothers, on their way to the corner to the elementary school to play basketball, would be stopped by the police,\" Pichon said.\u003c/p>\n\u003cfigure id=\"attachment_10394469\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo2.jpeg\">\u003cimg class=\"size-thumbnail wp-image-10394469\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo2-400x533.jpeg\" alt=\"Pichon graduated from Santa Clara University in 1972. (Courtesy Pichon)\" width=\"400\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-400x533.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-800x1066.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-1440x1920.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2.jpeg 1536w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pichon graduated from Santa Clara University in 1972. (Courtesy Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>As an undergraduate at Santa Clara University, she felt marginalized and dismissed by some of her professors who, she said, had low expectations of her as a math major.\u003c/p>\n\u003cp>But that all changed when she went to law school at the same university. Out of 260 classmates, only eight were African-American. And, she says, they were treated equally.\u003c/p>\n\u003cp>\"We stood out because you could see us, but the atmosphere was comfortable and we were very welcome there,\" said Pichon.\u003c/p>\n\u003cp>Once again she excelled -- becoming a public defender, a commissioner and then a judge. Outgoing Presiding Superior Court judge Brian Walsh symbolically handed her the gavel at the judges' holiday party in December.\u003c/p>\n\u003cp>\"Someone asked me if I was going to lose a lot of weight today and I thought, 'Well, I know the gavel isn't that heavy but I'm going to pass on a load here, a real load,' \" said Walsh.\u003c/p>\n\u003cp>It is a heavy load and a tough job, assigning judges to cases they sometimes don't want and moving cases through the courts efficiently when lawyers want to stall them.\u003c/p>\n\u003cp>Pichon will also manage the court's budget and deal with state cuts that already have shut down \u003ca href=\"http://http://www.sfgate.com/news/article/Santa-Clara-County-shutting-courthouses-5673071.php\">courtrooms from Morgan Hill to Palo Alto. \u003c/a>And there's pressure to deal with the disproportionate number of African-American and Latino kids in juvenile hall.\u003c/p>\n\u003cp>\"If we don't get the proper rehabilitative services for young people, particularly young men of color, we're going to create a system where we create adult criminals,\" said Arriola.\u003c/p>\n\u003cfigure id=\"attachment_10394472\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo3-e1420073986737.jpeg\">\u003cimg class=\"wp-image-10394472 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo3-e1420073986737-400x300.jpeg\" alt=\"Pichon (right) with classmates at Santa Clara University Law School. (Courtesy Pichon)\" width=\"400\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737.jpeg 2048w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pichon (right) with classmates at Santa Clara University Law School. (Courtesy Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>In the last four years, he said, the number of kids in\u003ca href=\"http://Juvenile%20Justice%20Annual%20Report%202013%20(for%202012).pdf\"> juvenile hall\u003c/a> has dropped from 400 to 100 a day in Santa Clara County, but the disproportionate number of African-Americans and Latinos has gone up. Many of the nonviolent juveniles are put into rehabilitative programs.\u003c/p>\n\u003cp>\"She can make sure the funding is available, which is always tight at the court for such programs,\" said Arriola. \"She can make sure the courts can monitor and seek out new programs so we can continue to do better.\"\u003c/p>\n\u003cp>Pichon also believes the courts can do better reflecting diversity, so she mentors African-American law school students like Nnennaya Amuchie, who is ready to graduate. She wants to become a judge because of Pichon's influence.\u003c/p>\n\u003cp>\"I don't think she lets her experiences dictate what her perception of the world is,\" Amuchie said. \"And I think it's important for us not to be jaded by issues because she is a testament to change.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There have been changes. Still there are only eight African-Americans in Amuchie's law school class -- the same number as when Pichon was there. And more than three decades after police used to stop her brothers on the streets of San Jose, protests over the deaths of unarmed black men at the hands of police are rattling the nation.\u003c/p>\n\n","blocks":[],"excerpt":"Rise Jones Pichon said she got to the top of her legal career by taking chances outside her comfort zone.","status":"publish","parent":0,"modified":1420249979,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1019},"headData":{"title":"Santa Clara County's New Top Judge Is First Minority and a 'Testament to Change' | KQED","description":"Rise Jones Pichon said she got to the top of her legal career by taking chances outside her comfort zone.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10394204 http://ww2.kqed.org/news/?p=10394204","disqusUrl":"https://ww2.kqed.org/news/2015/01/04/santa-clara-countys-new-top-judge-is-first-minority-and-a-testament-to-change/","disqusTitle":"Santa Clara County's New Top Judge Is First Minority and a 'Testament to Change' ","path":"/news/10394204/santa-clara-countys-new-top-judge-is-first-minority-and-a-testament-to-change","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It's been a long time coming in \u003ca title=\"Diversity\" href=\"http://http://www.jointventure.org/images/stories/pdf/index2014.pdf\">one of the most diverse counties\u003c/a> in California.\u003c/p>\n\u003cp>On Jan. 1, Rise Jones Pichon, who is African-American, became \u003ca href=\"http://Judicial%20Pool%20Powerpoint%202012.ppt\">Santa Clara County's first minority\u003c/a> presiding Superior Court judge.\u003c/p>\n\u003cp>\"One of our most profound institutions in any society are the courts. And the courts need to reflect the diversity in any society,\" said Chris Arriola, supervising deputy district attorney for Santa Clara County's juvenile justice unit. \"So the fact it's taken 164 years to get a minority (presiding) judge does seem like quite a long time.\"\u003c/p>\n\u003cp>Pichon, 62, said she got to the top of her legal career by taking chances outside her comfort zone and learning how to deal with obstacles tied to her race. Today she brings to her new position a lifelong understanding of race relations.\u003c/p>\n\u003cp>\"Having lived when I lived gives a person a great understanding of how people feel, how they feel when there's only one of them in a group,\" said Pichon.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The fact that they can feel powerless and some can abuse their power. ... It's given me the courage at this point of my life to make sure people are treated fairly. I can't say it's best to treat everyone the same because that's no longer true. Justice is not blind.\"\u003c/p>\n\u003cfigure id=\"attachment_10394467\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo.jpeg\">\u003cimg class=\"size-thumbnail wp-image-10394467\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo-400x300.jpeg\" alt=\"Pichon's immediate family in Little Rock, Arkansas circa 1950. (Courtesy Pichon)\" width=\"400\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo.jpeg 2048w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rise Jones Pichon's immediate family in Little Rock, Arkansas, circa 1950. (Courtesy Rise Jones Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>Pichon grew up in the segregated South, where her great-great grandmothers were slaves and \"colored only\" signs were posted in public places.\u003c/p>\n\u003cp>\"The signs were still on the bus, you know, that you sat behind. The signs were still on the water fountains and the restrooms. It wasn't anything that made me sad. It was just the way it was,\" she said.\u003c/p>\n\u003cp>She developed a way of dealing with these obstacles that has stayed with her. A good example is what happened at her high school in Little Rock, Arkansas, when it was the third year that African-American students were allowed to attend classes. She wanted to play in the band but was forced to play the baritone horn instead of the instrument she chose.\u003c/p>\n\u003cp>\"I really wanted to play the French horn. But the instructor said that my lips were too big so I couldn't play a French horn,\" said Pichon.\u003c/p>\n\u003cp>Instead of talking back to the instructor, Pichon said she excelled at the baritone horn. From then on, excelling became her way of navigating around the barriers of racism.\u003c/p>\n\u003cp>And there were plenty more to come.\u003c/p>\n\u003cp>The biggest shock was when she moved to San Jose with her family in 1969. When they bought a home, a number of the houses on the block immediately went up for sale. Coming from the South, Pichon expected California to be the land of golden racial equality. That was not the case.\u003c/p>\n\u003cp>\"And my brothers, on their way to the corner to the elementary school to play basketball, would be stopped by the police,\" Pichon said.\u003c/p>\n\u003cfigure id=\"attachment_10394469\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo2.jpeg\">\u003cimg class=\"size-thumbnail wp-image-10394469\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo2-400x533.jpeg\" alt=\"Pichon graduated from Santa Clara University in 1972. (Courtesy Pichon)\" width=\"400\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-400x533.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-800x1066.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2-1440x1920.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo2.jpeg 1536w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pichon graduated from Santa Clara University in 1972. (Courtesy Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>As an undergraduate at Santa Clara University, she felt marginalized and dismissed by some of her professors who, she said, had low expectations of her as a math major.\u003c/p>\n\u003cp>But that all changed when she went to law school at the same university. Out of 260 classmates, only eight were African-American. And, she says, they were treated equally.\u003c/p>\n\u003cp>\"We stood out because you could see us, but the atmosphere was comfortable and we were very welcome there,\" said Pichon.\u003c/p>\n\u003cp>Once again she excelled -- becoming a public defender, a commissioner and then a judge. Outgoing Presiding Superior Court judge Brian Walsh symbolically handed her the gavel at the judges' holiday party in December.\u003c/p>\n\u003cp>\"Someone asked me if I was going to lose a lot of weight today and I thought, 'Well, I know the gavel isn't that heavy but I'm going to pass on a load here, a real load,' \" said Walsh.\u003c/p>\n\u003cp>It is a heavy load and a tough job, assigning judges to cases they sometimes don't want and moving cases through the courts efficiently when lawyers want to stall them.\u003c/p>\n\u003cp>Pichon will also manage the court's budget and deal with state cuts that already have shut down \u003ca href=\"http://http://www.sfgate.com/news/article/Santa-Clara-County-shutting-courthouses-5673071.php\">courtrooms from Morgan Hill to Palo Alto. \u003c/a>And there's pressure to deal with the disproportionate number of African-American and Latino kids in juvenile hall.\u003c/p>\n\u003cp>\"If we don't get the proper rehabilitative services for young people, particularly young men of color, we're going to create a system where we create adult criminals,\" said Arriola.\u003c/p>\n\u003cfigure id=\"attachment_10394472\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo3-e1420073986737.jpeg\">\u003cimg class=\"wp-image-10394472 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/12/photo3-e1420073986737-400x300.jpeg\" alt=\"Pichon (right) with classmates at Santa Clara University Law School. (Courtesy Pichon)\" width=\"400\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2014/12/photo3-e1420073986737.jpeg 2048w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pichon (right) with classmates at Santa Clara University Law School. (Courtesy Pichon)\u003c/figcaption>\u003c/figure>\n\u003cp>In the last four years, he said, the number of kids in\u003ca href=\"http://Juvenile%20Justice%20Annual%20Report%202013%20(for%202012).pdf\"> juvenile hall\u003c/a> has dropped from 400 to 100 a day in Santa Clara County, but the disproportionate number of African-Americans and Latinos has gone up. Many of the nonviolent juveniles are put into rehabilitative programs.\u003c/p>\n\u003cp>\"She can make sure the funding is available, which is always tight at the court for such programs,\" said Arriola. \"She can make sure the courts can monitor and seek out new programs so we can continue to do better.\"\u003c/p>\n\u003cp>Pichon also believes the courts can do better reflecting diversity, so she mentors African-American law school students like Nnennaya Amuchie, who is ready to graduate. She wants to become a judge because of Pichon's influence.\u003c/p>\n\u003cp>\"I don't think she lets her experiences dictate what her perception of the world is,\" Amuchie said. \"And I think it's important for us not to be jaded by issues because she is a testament to change.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There have been changes. Still there are only eight African-Americans in Amuchie's law school class -- the same number as when Pichon was there. And more than three decades after police used to stop her brothers on the streets of San Jose, protests over the deaths of unarmed black men at the hands of police are rattling the nation.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10394204/santa-clara-countys-new-top-judge-is-first-minority-and-a-testament-to-change","authors":["3207"],"programs":["news_6944"],"categories":["news_6188","news_8","news_13"],"tags":["news_47","news_19970"],"featImg":"news_10394412","label":"news_6944"},"news_93030":{"type":"posts","id":"news_93030","meta":{"index":"posts_1591205157","site":"news","id":"93030","score":null,"sort":[1364844720000]},"guestAuthors":[],"slug":"judge-upholds-stockton-bankruptcy","title":"Judge Allows Stockton to Enter Bankruptcy","publishDate":1364844720,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>SACRAMENTO, Calif. (AP) — A judge accepted Stockton's bankruptcy application on Monday, making it the most populous city in the nation to enter bankruptcy.\u003c/p>\n\u003cfigure id=\"attachment_68627\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/22/stockton-wobbles-toward-bankruptcy/stockton-ca-leads-nation-in-rate-of-foreclosures/\" rel=\"attachment wp-att-68627\">\u003cimg class=\"size-full wp-image-68627 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/StocktonSign0422.jpg\" alt=\"(Photo by Justin Sullivan/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Photo by Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>U.S. Bankruptcy Judge Christopher Klein said the bankruptcy declaration was needed to allow the city to continue to provide basic services.\u003c/p>\n\u003cp>\"It's apparent to me the city would not be able to perform its obligations to its citizens on fundamental public safety as well as other basic government services without the ability to have the muscle of the contract-impairing power of federal bankruptcy law,\" Klein said.\u003c/p>\n\u003cp>The city of nearly 300,000 people has become emblematic of government excess and the financial calamity that resulted when the nation's housing bubble burst.\u003c/p>\n\u003cp>Its salaries, benefits and borrowing were based on anticipated long-term developer fees and increasing property tax revenue. But those were lost in a flurry of foreclosures beginning in the mid-2000s and a 70 percent decline in the city's tax base.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The city's creditors wanted to keep Stockton out of bankruptcy — a status that will likely allow the city to avoid repaying its debts in full.\u003c/p>\n\u003cp>They argued the city had not cut spending enough or sought a tax increase that would have allowed it to avoid bankruptcy.\u003c/p>\n\u003cp>Matthew Walsh, an attorney for the bond holders, declined to comment after Monday's ruling.\u003c/p>\n\u003cp>Attorneys for the city said the city's budget and services had been cut to the bone.\u003c/p>\n\u003cp>\"There's nothing to celebrate about bankruptcy,\" said Bob Deis, Stockton's city manager. \"But it is a vindication of what we've been saying for nine months.\"\u003c/p>\n\u003cp>The Chapter 9 bankruptcy case is being closely watched nationally for potential precedent-setting implications.\u003c/p>\n\u003cp>The $900 million that Stockton owes to the California Public Employees' Retirement System to cover pension promises is its biggest debt. So far Stockton has kept up with pension payments while it has reneged on other debts, maintaining that it needs a strong pension plan to retain its pared-down workforce.\u003c/p>\n\u003cp>The creditors who challenged Stockton's bankruptcy petition are the bond insurers who guaranteed $165 million in loans the city secured in 2007 to pay its contributions to the CalPERS pension fund. That debt got out of hand as property tax values plummeted during the recession, and money to pay the pension obligation fell short.\u003c/p>\n\u003cp>Legal observers expect the creditors to aggressively challenge Stockton's repayment plan in the next phase of the process.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>By 2009 Stockton had accumulated nearly $1 billion in debt on civic improvements, money owed to pay pension contributions, and the most generous health care benefit in the state — coverage for life for all retirees plus a dependent, no matter how long they had worked for the city.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1364858015,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":469},"headData":{"title":"Judge Allows Stockton to Enter Bankruptcy | KQED","description":"SACRAMENTO, Calif. (AP) — A judge accepted Stockton's bankruptcy application on Monday, making it the most populous city in the nation to enter bankruptcy. U.S. Bankruptcy Judge Christopher Klein said the bankruptcy declaration was needed to allow the city to continue to provide basic services. "It's apparent to me the city would not be able","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"93030 http://ww2.kqed.org/news/?p=93030","disqusUrl":"https://ww2.kqed.org/news/2013/04/01/judge-upholds-stockton-bankruptcy/","disqusTitle":"Judge Allows Stockton to Enter Bankruptcy","path":"/news/93030/judge-upholds-stockton-bankruptcy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO, Calif. (AP) — A judge accepted Stockton's bankruptcy application on Monday, making it the most populous city in the nation to enter bankruptcy.\u003c/p>\n\u003cfigure id=\"attachment_68627\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/22/stockton-wobbles-toward-bankruptcy/stockton-ca-leads-nation-in-rate-of-foreclosures/\" rel=\"attachment wp-att-68627\">\u003cimg class=\"size-full wp-image-68627 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/StocktonSign0422.jpg\" alt=\"(Photo by Justin Sullivan/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Photo by Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>U.S. Bankruptcy Judge Christopher Klein said the bankruptcy declaration was needed to allow the city to continue to provide basic services.\u003c/p>\n\u003cp>\"It's apparent to me the city would not be able to perform its obligations to its citizens on fundamental public safety as well as other basic government services without the ability to have the muscle of the contract-impairing power of federal bankruptcy law,\" Klein said.\u003c/p>\n\u003cp>The city of nearly 300,000 people has become emblematic of government excess and the financial calamity that resulted when the nation's housing bubble burst.\u003c/p>\n\u003cp>Its salaries, benefits and borrowing were based on anticipated long-term developer fees and increasing property tax revenue. But those were lost in a flurry of foreclosures beginning in the mid-2000s and a 70 percent decline in the city's tax base.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The city's creditors wanted to keep Stockton out of bankruptcy — a status that will likely allow the city to avoid repaying its debts in full.\u003c/p>\n\u003cp>They argued the city had not cut spending enough or sought a tax increase that would have allowed it to avoid bankruptcy.\u003c/p>\n\u003cp>Matthew Walsh, an attorney for the bond holders, declined to comment after Monday's ruling.\u003c/p>\n\u003cp>Attorneys for the city said the city's budget and services had been cut to the bone.\u003c/p>\n\u003cp>\"There's nothing to celebrate about bankruptcy,\" said Bob Deis, Stockton's city manager. \"But it is a vindication of what we've been saying for nine months.\"\u003c/p>\n\u003cp>The Chapter 9 bankruptcy case is being closely watched nationally for potential precedent-setting implications.\u003c/p>\n\u003cp>The $900 million that Stockton owes to the California Public Employees' Retirement System to cover pension promises is its biggest debt. So far Stockton has kept up with pension payments while it has reneged on other debts, maintaining that it needs a strong pension plan to retain its pared-down workforce.\u003c/p>\n\u003cp>The creditors who challenged Stockton's bankruptcy petition are the bond insurers who guaranteed $165 million in loans the city secured in 2007 to pay its contributions to the CalPERS pension fund. That debt got out of hand as property tax values plummeted during the recession, and money to pay the pension obligation fell short.\u003c/p>\n\u003cp>Legal observers expect the creditors to aggressively challenge Stockton's repayment plan in the next phase of the process.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>By 2009 Stockton had accumulated nearly $1 billion in debt on civic improvements, money owed to pay pension contributions, and the most generous health care benefit in the state — coverage for life for all retirees plus a dependent, no matter how long they had worked for the city.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/93030/judge-upholds-stockton-bankruptcy","authors":["237"],"programs":["news_6944"],"categories":["news_1758","news_6188"],"tags":["news_2632","news_47","news_4155","news_784"],"label":"news_6944"},"news_91114":{"type":"posts","id":"news_91114","meta":{"index":"posts_1591205157","site":"news","id":"91114","score":null,"sort":[1363043205000]},"guestAuthors":[],"slug":"california-chief-justice-addresses-lawmakers-amid-budget-cuts","title":"California Chief Justice Urges Lawmakers to Reinvest in Courts","publishDate":1363043205,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>By Judy Lin, Associated Press\u003c/em>\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP)—California's top judge urged lawmakers on Monday to ensure equal access to justice by reinvesting in a court system that has been hit with years of budget cuts.\u003c/p>\n\u003cfigure id=\"attachment_31060\" class=\"wp-caption alignleft\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/2011/06/15/california-supreme-court-justice-says-cuts-to-court-budget-devastating/cantilsakauye-2/\" rel=\"attachment wp-att-31060\">\u003cimg class=\"size-full wp-image-31060\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/CantilSakauye.jpg\" alt=\"California Chief Justice Tani Cantil-Sakauye (official photo)\" width=\"248\" height=\"140\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Chief Justice Tani Cantil-Sakauye (official photo)\u003c/figcaption>\u003c/figure>\n\u003cp>While California has the distinction of having the largest judiciary of any state, it has cut more out of its branch than any other, Chief Justice Tani Cantil-Sakauye told a joint session of the Legislature in her \"state of the judiciary\" report.\u003c/p>\n\u003cp>\"I'm worried that California is on the wrong side of history in funding justice,\" she said. \"And I believe that if we do not reinvest in justice, you will continue to see services to the public from the courts are cut or be eliminated or deeply restricted.\"\u003c/p>\n\u003cp>The head of the judiciary branch noted that the court budget has been reduced by more than $1 billion over the last five budget years, which has resulted in fewer courtrooms, higher fees and delayed repairs and construction on a number of buildings.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since she was sworn in two years ago by former Gov. Arnold Schwarzenegger, a Republican, Cantil-Sakauye has been trying to make the case for restoring the courts' funding. California's system, which includes 58 trial courts, six courts of appeal and the Supreme Court, has about 2,000 judicial officers and 18,000 court employees.\u003c/p>\n\u003cp>This year, Gov. Jerry Brown's proposed budget takes $200 million from court construction funds as a way to postpone additional cutbacks. He also proposes delaying repayment of a $90 million court construction loan.\u003c/p>\n\u003cp>Cantil-Sakauye said that California spends about 1 percent of the state's general fund on its court system while other states typically spend 2 percent. She warned that as more courtrooms close and fees go up, fewer people will be able to access justice.\u003c/p>\n\u003cp>\"I submit to you in the most diverse state in the union, that a penny on the dollar is insufficient to provide justice,\" she said.\u003c/p>\n\u003cp>Brown's finance spokesman, H.D. Palmer, said the governor has tried to maintain stable funding for the courts throughout the recession while other areas such as public schools and universities have endured deep cuts. Palmer said state grants to seniors and the disabled have been cut to their lowest levels since 1982 and that the state's welfare-to-work program has been cut to 1987 levels.\u003c/p>\n\u003cp>\"What we have been able to do through a combination of fees and transfers is to keep operations stable,\" he said of the court budget.\u003c/p>\n\u003cp>Democratic lawmakers voiced support for the chief justice, saying they would like to restore funding to the trial courts. Assemblyman Bob Wieckowski, D-Fremont, chairman of the Assembly Judiciary Committee, said he would like restore $475 million by lowering the amount set aside for reserves in the governor's proposed budget.\u003c/p>\n\u003cp>\"It's a multiyear challenge, but I think the call has gone out to stop the tidewaters from coming in,\" he said.\u003c/p>\n\u003cp>Yet Republican Sen. Jim Nielsen said the budget situation has not improved significantly enough to restore full funding.\u003c/p>\n\u003cp>\"The courts, I think, are deserving of some improvement,\" said Nielsen, R-Gerber. \"Full restoration we can't promise right now. The budget is not at all fixed.\"\u003c/p>\n\u003cp>Last month, the state judicial council voted to delay 11 courthouse construction projects in case none of that money is restored this year. The contingency plan comes after the council voted in January to indefinitely delay court construction in Sacramento, Nevada, Los Angeles and Fresno counties while money is being spent to replace a Long Beach courthouse damaged by an earthquake.\u003c/p>\n\u003cp>Throughout her 20-minute speech, the chief justice weaved the story of Clarence Gideon, a 50-year-old Florida man who was denied an attorney when he was accused of breaking into a pool hall and stealing cash. As a result of his appeal from his prison cell, the U.S. Supreme Court ruled in 1963 that criminal defendants have a right to legal representation.\u003c/p>\n\u003cp>\"To have your day in court, you need a courtroom,\" she said. \"And I will say that what we once counted on, that courts will be open and ready and available to deliver prompt justice, is no longer true in California.\"\u003c/p>\n\u003cp>Cantil-Sakauye said some people in San Bernardino County have to drive two hours to get to court, and she warned of \"unconscionable delays\" in civil cases dealing with wrongful termination or discrimination, creating a crisis in civil rights.\u003c/p>\n\u003cp>Since 2010, the chief justice said 30 courts have cut hours, 22 courthouses have closed, 114 courtrooms have closed and 2,600 people have either been laid off or their positions have been left vacant through attrition.\u003c/p>\n\u003cp>This year, Fresno County will close seven courthouses and San Bernardino will close three, while Los Angeles County will close 67 courtrooms and eliminate 500 positions.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>During a stop in Sacramento last week, U.S. Supreme Court Justice Anthony Kennedy said the political branches of government have an \"absolute obligation\" to make sure the judicial branch can function. He said trial courts have no way to control the number of cases coming in.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1398733242,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":870},"headData":{"title":"California Chief Justice Urges Lawmakers to Reinvest in Courts | KQED","description":"By Judy Lin, Associated Press SACRAMENTO, Calif. (AP)—California's top judge urged lawmakers on Monday to ensure equal access to justice by reinvesting in a court system that has been hit with years of budget cuts. While California has the distinction of having the largest judiciary of any state, it has cut more out of its","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"91114 http://ww2.kqed.org/news/?p=91114","disqusUrl":"https://ww2.kqed.org/news/2013/03/11/california-chief-justice-addresses-lawmakers-amid-budget-cuts/","disqusTitle":"California Chief Justice Urges Lawmakers to Reinvest in Courts","path":"/news/91114/california-chief-justice-addresses-lawmakers-amid-budget-cuts","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>By Judy Lin, Associated Press\u003c/em>\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP)—California's top judge urged lawmakers on Monday to ensure equal access to justice by reinvesting in a court system that has been hit with years of budget cuts.\u003c/p>\n\u003cfigure id=\"attachment_31060\" class=\"wp-caption alignleft\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/2011/06/15/california-supreme-court-justice-says-cuts-to-court-budget-devastating/cantilsakauye-2/\" rel=\"attachment wp-att-31060\">\u003cimg class=\"size-full wp-image-31060\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/CantilSakauye.jpg\" alt=\"California Chief Justice Tani Cantil-Sakauye (official photo)\" width=\"248\" height=\"140\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Chief Justice Tani Cantil-Sakauye (official photo)\u003c/figcaption>\u003c/figure>\n\u003cp>While California has the distinction of having the largest judiciary of any state, it has cut more out of its branch than any other, Chief Justice Tani Cantil-Sakauye told a joint session of the Legislature in her \"state of the judiciary\" report.\u003c/p>\n\u003cp>\"I'm worried that California is on the wrong side of history in funding justice,\" she said. \"And I believe that if we do not reinvest in justice, you will continue to see services to the public from the courts are cut or be eliminated or deeply restricted.\"\u003c/p>\n\u003cp>The head of the judiciary branch noted that the court budget has been reduced by more than $1 billion over the last five budget years, which has resulted in fewer courtrooms, higher fees and delayed repairs and construction on a number of buildings.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since she was sworn in two years ago by former Gov. Arnold Schwarzenegger, a Republican, Cantil-Sakauye has been trying to make the case for restoring the courts' funding. California's system, which includes 58 trial courts, six courts of appeal and the Supreme Court, has about 2,000 judicial officers and 18,000 court employees.\u003c/p>\n\u003cp>This year, Gov. Jerry Brown's proposed budget takes $200 million from court construction funds as a way to postpone additional cutbacks. He also proposes delaying repayment of a $90 million court construction loan.\u003c/p>\n\u003cp>Cantil-Sakauye said that California spends about 1 percent of the state's general fund on its court system while other states typically spend 2 percent. She warned that as more courtrooms close and fees go up, fewer people will be able to access justice.\u003c/p>\n\u003cp>\"I submit to you in the most diverse state in the union, that a penny on the dollar is insufficient to provide justice,\" she said.\u003c/p>\n\u003cp>Brown's finance spokesman, H.D. Palmer, said the governor has tried to maintain stable funding for the courts throughout the recession while other areas such as public schools and universities have endured deep cuts. Palmer said state grants to seniors and the disabled have been cut to their lowest levels since 1982 and that the state's welfare-to-work program has been cut to 1987 levels.\u003c/p>\n\u003cp>\"What we have been able to do through a combination of fees and transfers is to keep operations stable,\" he said of the court budget.\u003c/p>\n\u003cp>Democratic lawmakers voiced support for the chief justice, saying they would like to restore funding to the trial courts. Assemblyman Bob Wieckowski, D-Fremont, chairman of the Assembly Judiciary Committee, said he would like restore $475 million by lowering the amount set aside for reserves in the governor's proposed budget.\u003c/p>\n\u003cp>\"It's a multiyear challenge, but I think the call has gone out to stop the tidewaters from coming in,\" he said.\u003c/p>\n\u003cp>Yet Republican Sen. Jim Nielsen said the budget situation has not improved significantly enough to restore full funding.\u003c/p>\n\u003cp>\"The courts, I think, are deserving of some improvement,\" said Nielsen, R-Gerber. \"Full restoration we can't promise right now. The budget is not at all fixed.\"\u003c/p>\n\u003cp>Last month, the state judicial council voted to delay 11 courthouse construction projects in case none of that money is restored this year. The contingency plan comes after the council voted in January to indefinitely delay court construction in Sacramento, Nevada, Los Angeles and Fresno counties while money is being spent to replace a Long Beach courthouse damaged by an earthquake.\u003c/p>\n\u003cp>Throughout her 20-minute speech, the chief justice weaved the story of Clarence Gideon, a 50-year-old Florida man who was denied an attorney when he was accused of breaking into a pool hall and stealing cash. As a result of his appeal from his prison cell, the U.S. Supreme Court ruled in 1963 that criminal defendants have a right to legal representation.\u003c/p>\n\u003cp>\"To have your day in court, you need a courtroom,\" she said. \"And I will say that what we once counted on, that courts will be open and ready and available to deliver prompt justice, is no longer true in California.\"\u003c/p>\n\u003cp>Cantil-Sakauye said some people in San Bernardino County have to drive two hours to get to court, and she warned of \"unconscionable delays\" in civil cases dealing with wrongful termination or discrimination, creating a crisis in civil rights.\u003c/p>\n\u003cp>Since 2010, the chief justice said 30 courts have cut hours, 22 courthouses have closed, 114 courtrooms have closed and 2,600 people have either been laid off or their positions have been left vacant through attrition.\u003c/p>\n\u003cp>This year, Fresno County will close seven courthouses and San Bernardino will close three, while Los Angeles County will close 67 courtrooms and eliminate 500 positions.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>During a stop in Sacramento last week, U.S. Supreme Court Justice Anthony Kennedy said the political branches of government have an \"absolute obligation\" to make sure the judicial branch can function. He said trial courts have no way to control the number of cases coming in.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/91114/california-chief-justice-addresses-lawmakers-amid-budget-cuts","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_4025","news_47","news_1135"],"label":"news_6944"},"news_80821":{"type":"posts","id":"news_80821","meta":{"index":"posts_1591205157","site":"news","id":"80821","score":null,"sort":[1353456704000]},"guestAuthors":[],"slug":"federal-judges-rulings-favored-companies-in-which-he-owned-stock","title":"Federal Judge’s Rulings Favored Companies in Which He Owned Stock","publishDate":1353456704,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>by Jennifer Gollan and Shane Shifflett, \u003ca href=\"http://californiawatch.org/money-and-politics/federal-judge-s-rulings-favored-companies-which-he-owned-stock-18680\">California Watch\u003c/a>\u003c/p>\n\u003cp>A federal judge has issued three key rulings over a four-year period that favored companies in which he owned stock, a California Watch analysis has found.\u003c/p>\n\u003cp>Measures are in place to prevent judges from violating federal conflict-of-interest laws. But Judge Manuel Real, a 46-year veteran of the bench appointed by President Lyndon B. Johnson, appears to have skirted those safeguards, records and interviews show.\u003c/p>\n\u003cfigure id=\"attachment_80826\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/judge-with-gavel.jpg\">\u003cimg class=\"size-medium wp-image-80826\" title=\"judge with gavel\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/judge-with-gavel-300x300.jpg\" alt=\"\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Thinkstock\u003c/figcaption>\u003c/figure>\n\u003cp>Judges are supposed to disclose everything from their investments to their attendance at expenses-paid seminars. When a financial conflict arises, no matter how small, they are required to step aside, by federal law and the Code of Conduct for United States Judges.\u003c/p>\n\u003cp>“This is what we call a ‘bright line’ rule, meaning that it gives clear and unambiguous guidance to judges and the public,” said Steven Lubet, a Northwestern University law professor who specializes in judicial ethics.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But in at least three cases before the federal District Court for the Central District of California in Los Angeles, Real did not recuse himself:\u003c/p>\n\u003cul>\n\u003cli>In 2008, he awarded Microsoft Corp. $746,027 in damages and fees in a copyright infringement case against a computer sales and repair company. At the time, Real held Microsoft stock worth between $15,001 and $50,000, \u003ca href=\"https://www.documentcloud.org/documents/517649-real-finanical-disclosure-2008.html\" target=\"_blank\">according to his financial disclosures\u003c/a>.\u003c!--more-->\u003c/li>\n\u003cli>In another 2008 case involving a contract dispute between Atlanta Cancer Care and biotech giant Amgen, Real dismissed the suit against Amgen. Real held between $15,001 and $50,000 of \u003ca href=\"https://www.documentcloud.org/documents/517649-real-finanical-disclosure-2008.html\" target=\"_blank\">Amgen stock\u003c/a>, too, which he transferred to someone else shortly after the case was appealed.\u003c/li>\n\u003cli>The following year, Real dismissed a lawsuit against Verizon. After the plaintiff in the case appealed the decision to the 9th U.S. Circuit Court of Appeals, \u003ca href=\"https://www.documentcloud.org/documents/517652-real-financial-disclosure-2010.html\" target=\"_blank\">Real bought Verizon stock worth $15,001 to $50,000\u003c/a>. The appeals court upheld Real’s dismissal, but returned the case to Real for further deliberation. The parties reached an agreement in February 2011, and Real dismissed the case.\u003c/li>\n\u003c/ul>\n\u003cp>In all three cases, the company’s stock rose at least a dollar per share during the two months following Real’s ruling or dismissal.\u003c/p>\n\u003cp>“When there is money involved, it is human nature to protect your own interests,” said John Schneider, a plaintiff in the Verizon case and a retired electrical contractor. “I would say he looked out for his financial interests before he looked out for mine. Judges should be above reproach.”\u003c/p>\n\u003cp>Real, previously reprimanded for poor conduct on the bench, did not respond to repeated interview requests made via email or messages left with his courtroom clerk.\u003c/p>\n\u003cp>There is no indication that Real had a financial incentive in making his decisions, and many factors affect stock prices. But legal experts consulted by California Watch indicated that Real’s rulings were, at a minimum, good news for the companies. California Watch asked law professor Laurie Levenson, who holds the David W. Burcham Chair in Ethical Advocacy at Loyola Law School in Los Angeles, to review the cases.\u003c/p>\n\u003cp>A judge who repeatedly fails to withdraw from cases can face sanctions ranging from a private reprimand to suspension from hearing cases. Beyond that, a judge can be referred to Congress for an impeachment hearing.\u003c/p>\n\u003cp>“If a judge is willfully disregarding the disqualification rules, there is precedent for saying he should be disciplined,” said Charles Geyh, an expert in judicial ethics who teaches law at Indiana University. “In addition, where judges are not diligent in keeping track of their financial conflicts, where there is a pattern of incompetence, they could also be sanctioned.”\u003c/p>\n\u003cp>But Geyh acknowledged that such sanctions are rare, typically occurring only in extreme situations. One recent case involved a federal district judge from New Orleans, impeached and removed from office by the U.S. Senate in 2010 for failing to disqualify himself from cases in which he accepted cash and favors from lawyers and a bail bonds company.\u003c/p>\n\u003cp>Potential ethics violations fall to the Judicial Council of the 9th Circuit to investigate. Chief Judge Alex Kozinksi, chairman of the council, did not return calls seeking comment.\u003c/p>\n\u003cp>Federal judges are required to report not only their financial holdings, but also those of their spouses to the federal court system. Since September 2006, they are supposed to use special conflict-checking software, which cross-references their stock holdings against their courtroom dockets, automatically flagging potential problems.\u003c/p>\n\u003cp>But technology is no panacea. Courts generally afford judges autonomy in who does the checks and how often. Some judges run checks before every case, while others do so intermittently, according to Central District of California communications specialist Gary Horimoto. The district is the largest of the 94 federal judicial districts, serving a population of more than 18 million people in Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Orange, Riverside and San Bernardino counties.\u003c/p>\n\u003cp>“It is up to each judge to actually run these reports,” said Molly Dwyer, clerk of court of the 9th U.S. Circuit Court of Appeals. “We are not policing the judges. … We are accepting them at their word.”\u003c/p>\n\u003cp>Public scrutiny of the financial disclosures is complicated by logistical hurdles. While anyone can request judges’ annual financial disclosures through the federal courts’ administrative office in Washington, the process of obtaining these documents and cross-checking them against court rulings is cumbersome and expensive. Judges file annual financial disclosures by May 15.\u003c/p>\n\u003cp>\u003cstrong>In the courtroom\u003c/strong>\u003c/p>\n\u003cp>Real, 88, was first appointed to the bench in 1966. He earns $174,000 a year and like other federal trial court judges enjoys what has effectively become life tenure, a benefit engineered by authors of the Constitution to protect the court’s independence. A graduate of the University of Southern California, Real earned a law degree from Loyola Law School before becoming assistant U.S. attorney for the Southern District of California and, in 1964, the district’s U.S. attorney.\u003c/p>\n\u003cp>One of Real’s more notable decisions was a 1970 order to use mandatory busing to desegregate Pasadena schools.\u003c/p>\n\u003cp>Among judicial ethicists as well as attorneys who have argued cases before him, Real is known as an iconoclast.\u003c/p>\n\u003cp>On a recent day, Real rarely looked up from his desk as a string of lawyers directed their arguments at the top of his head. Dwarfed by his burgundy leather chair, Real commanded the cavernous courtroom with the occasional gruff directive.\u003c/p>\n\u003cp>Then a mustachioed man in an orange jumpsuit and handcuffs appeared. He was there to plead guilty to being caught in the country after being deported.\u003c/p>\n\u003cp>Real leaned forward and peppered the inmate with questions. Then, when a prosecutor from the Justice Department urged Real to make sure the man understood the facts of the crime before accepting his plea – as required by federal rules – Real lashed out.\u003c/p>\n\u003cp>“I just went through all that with him,” Real responded. “What do you think that was all about? We went through the elements of the offense.”\u003c/p>\n\u003cp>The attorney said nothing more.\u003c/p>\n\u003cp>\u003cstrong>Notable cases\u003c/strong>\u003c/p>\n\u003cp>Real is famous for a courtroom spat with Hustler magazine publisher Larry Flynt in 1984. Flynt had refused to reveal the source of a video of a sting operation that he had given to a television network. He appeared before Real and after repeated outbursts, Real ordered Flynt gagged and handcuffed to his wheelchair.\u003c/p>\n\u003cp>Years later, the 9th U.S. Circuit Court of Appeals issued an opinion in which it criticized Real for his accounting of $33.8 million in disputed assets of the Philippines dictator Ferdinand Marcos. The assets had been held in a Merrill Lynch account while the courts decided how to divide funds among various claimants, including Filipinos who claimed to have suffered human rights abuses.\u003c/p>\n\u003cp>Real, the \u003ca href=\"https://www.documentcloud.org/documents/517643-marcos.html\" target=\"_blank\">court documents indicated\u003c/a>, declined to provide more than a brief accounting “filled with cryptic notations” of the transactions involving the assets or who authorized them.\u003c/p>\n\u003cp>Real faced a potential \u003ca href=\"https://www.documentcloud.org/documents/517644-impeachment-inquiry.html\" target=\"_blank\">impeachment inquiry\u003c/a> by Congress in 2006 over misconduct allegations, congressional documents show. He was accused of showing favoritism in a bankruptcy case toward a woman whose probation he supervised.\u003c/p>\n\u003cp>In the end, Congress did not pursue the impeachment. But shortly after the congressional hearing, the Judicial Council of the 9th Circuit \u003ca href=\"https://www.documentcloud.org/documents/517646-real-reprimand-letter.html\" target=\"_blank\">publicly reprimanded Real\u003c/a> for showing favoritism in the bankruptcy case and making misleading statements to investigators.\u003c/p>\n\u003cp>The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States asked the 9th Circuit to review a complaint in which Real was accused of failing to provide the required reasons for his rulings. In April 2010, the conference reaffirmed the conclusion of the Judicial Council of the 9th Circuit, which had reviewed 38 of Real’s cases, that there was no misconduct – but warned Real that his decisions would be closely scrutinized.\u003c/p>\n\u003cp>Arthur D. Hellman, a law professor at the University of Pittsburgh and leading authority on the federal courts, said few federal judges have received as much scrutiny from the 9th Circuit as Real.\u003c/p>\n\u003cp>“I doubt that there is any federal judge that has been taken off as many cases as Judge Real,” Hellman said.\u003c/p>\n\u003cp>Federal trial court judges do not have to detail their reasons for withdrawing from cases, so it is difficult to pinpoint how many avoid financial conflicts of interest. The Central District doesn’t track how often judges withdraw from cases, said Horimoto, the district communications specialist.\u003c/p>\n\u003cp>However, Real has been taken off at least 20 cases over the past 25 years by the 9th Circuit, which has criticized him for making decisions that ignore precedent, court records show, and creating “an atmosphere in which an objectively fair trial could not be conducted.”\u003c/p>\n\u003cp>\u003cstrong>‘A controversial judge’\u003c/strong>\u003c/p>\n\u003cp>It is unclear how Real’s multiple conflicts of interest could have escaped notice. His annual financial disclosures list the companies involved in the three cases, a connection the conflict-checking software is designed to catch. At least two of the cases were resolved before Real was required to file his annual disclosures, however, leaving the attorneys involved no means for evaluating his financial interests on their own.\u003c/p>\n\u003cp>In one of Real’s cases, Microsoft claimed that All-Valley Computer in Cathedral City and its owner, Glenn Somervell, distributed software that infringed on Microsoft’s copyrights and trademarks. All-Valley failed to respond to Microsoft’s complaint by the deadline, and Microsoft’s lawyers urged Real to issue a judgment against All-Valley. Real \u003ca href=\"https://www.documentcloud.org/documents/517658-microsoft-real-order.html\" target=\"_blank\">awarded Microsoft about $746,000\u003c/a> in damages and fees.\u003c/p>\n\u003cp>Two weeks later, Real added a \u003ca href=\"https://www.documentcloud.org/documents/517657-microsoft-real-permanent-injunction.html\" target=\"_blank\">permanent injunction\u003c/a> against All-Valley that prohibited it from distributing software protected by Microsoft trademarks or selling counterfeit Microsoft products.\u003c/p>\n\u003cp>Somervell, who closed All-Valley before the suit to care for his dying mother, said Real’s decisions damaged his career prospects.\u003c/p>\n\u003cp>“I probably can’t get a job for the rest of my life; it doesn’t look too good on my résumé,” Somervell said. “If (Real’s) involved with Microsoft, he is going to take their side. It’s totally unfair.”\u003c/p>\n\u003cp>In the Amgen case, Atlanta Cancer Care – which runs medical practices in and around Atlanta – alleged that the biotechnology company wrongfully recouped $184,625 in rebates owed to the oncology practice for medications it purchased for patients. Real was unmoved. Siding with Amgen’s lawyers, he \u003ca href=\"https://www.documentcloud.org/documents/517656-amgen-manuel-real-order.html\" target=\"_blank\">dismissed the suit\u003c/a>. But the 9th Circuit disagreed, reversing Real’s decision and sending the case back to him in late 2009 for further consideration. The parties reached a negotiated settlement in the case at the end of that year.\u003c/p>\n\u003cp>Leland Wahl, one of the lead attorneys representing Atlanta Cancer Care in the lawsuit, said Real did not disclose his financial interest in Amgen during the case.\u003c/p>\n\u003cp>“He is a controversial judge,” Wahl said. “If he does something unusual, many people would not be surprised, including me.”\u003c/p>\n\u003cp>And in the Verizon case, the communications company stood to lose millions. That’s because Schneider, the retired electrical contractor, brought a class-action suit on behalf of Verizon customers challenging the company’s practice of billing each of them up to $149 for canceling their Internet service before the end of their contract.\u003c/p>\n\u003cp>Schneider’s attorneys argued that the early termination fee was designed to lock in customers and had little bearing on the actual costs of cancellation. Verizon’s attorneys countered that the complaint lacked merit. Real dismissed the suit. On appeal, the 9th Circuit reversed part of Real’s decision and sent the rest back to him. Verizon later settled the case with Schneider, but no money was awarded to its other customers.\u003c/p>\n\u003cp>\u003cstrong>Checking for conflicts\u003c/strong>\u003c/p>\n\u003cp>Around the nation, attorneys and legal scholars point to judges and judicial districts that are doing things right – examples that differ from some of California’s practices.\u003c/p>\n\u003cp>One federal judge who pursues conflict checking with vigor is Chief Judge David R. Herndon of the Southern District of Illinois. He believes it is essential, he said, to retain the public’s trust.\u003c/p>\n\u003cp>A nominee of President Bill Clinton on the bench for 14 years, Herndon does not rely on conflict-checking software alone. He posts a list of his stock holdings online, updating it monthly, in the hope that litigants and lawyers will catch any conflicts he fails to see.\u003c/p>\n\u003cp>“Software is not infallible; humans are not infallible,” Herndon said.\u003c/p>\n\u003cp>Herndon and a staff member cross-check his case assignments against his financial holdings daily, he said. In addition, he said, he has instructed his broker not to invest in large companies involved in frequent litigation.\u003c/p>\n\u003cp>From October 2011 through September, five federal judges in the Southern District of Illinois recused themselves on 14 occasions, Herndon said.\u003c/p>\n\u003cp>In the Northern District of Iowa, the clerk’s office – rather than judges or their chamber staff – screens for conflicts before assigning cases. The Iowa district also posts judges’ stock holdings and other information on its website, including law firms or businesses affiliated with their family members.\u003c/p>\n\u003cp>“It helps lawyers sort out whether judges have conflicts,” said Robert Phelps, the district’s clerk of court. “In creating the list and publishing it, it also puts that consideration into the minds of judges.”\u003c/p>\n\u003cp>In California, Dwyer, the 9th Circuit court clerk, said privacy and security considerations keep California’s disclosures offline. Among the information included in the filings are details such as addresses of rental properties judges own or the name of their spouse’s employer.\u003c/p>\n\u003cp>“I don’t think judges want their holdings known by everyone and their mother,” Dwyer said.\u003c/p>\n\u003cp>Geyh, the Indiana law professor, scoffed at those objections, pointing out that the financial disclosure is technically a public record, so the lack of online posting merely makes it harder to get.\u003c/p>\n\u003cp>“It is the price you pay for being a government employee,” he said.\u003c/p>\n\u003cp>\u003cstrong>Obtaining financial filings\u003c/strong>\u003c/p>\n\u003cp>Without such Web access, obtaining judges’ financial filings is complicated. A written request must be sent to federal officials in Washington, and judges are warned about who is scrutinizing their disclosures. In some cases, \u003ca href=\"http://www.law.cornell.edu/uscode/html/uscode05a/usc_sec_05a_00000105----000-.html\">under federal law\u003c/a>, judges may black out key information, if it includes “revealing personal and sensitive information (that) could endanger” the judge or a family member.\u003c/p>\n\u003cp>For example, in mid-2008, Real transferred 19 stocks – most of which were worth between $15,001 and $100,000 each, one worth up to $500,000 – to a recipient whose name has been blacked out. The companies ranged from Adobe Systems to UnitedHealth Group.\u003c/p>\n\u003cp>Another Southern California federal court judge, Percy Anderson, issued more than two dozen rulings in a 2007 trademark infringement case involving Verizon, including a preliminary injunction and some other rulings in favor of the company.\u003c/p>\n\u003cp>Eight months into the continuing Los Angeles case, Anderson withdrew, saying “that he should not preside over this case because it was reasonably brought to his attention that he has a financial interest in one of the parties,” \u003ca href=\"https://www.documentcloud.org/documents/517661-anderson-recusal.html\" target=\"_blank\">court records show\u003c/a>.\u003c/p>\n\u003cp>Verizon was the only publicly traded company involved in the case. Lawyers said Anderson recused himself because he owned Verizon stock. But there is no way to know for sure because Anderson was allowed to \u003ca href=\"https://www.documentcloud.org/documents/517664-anderson-financial-disclosure-2007.html\" target=\"_blank\">black out his financial disclosures\u003c/a> before they were released to the public.\u003c/p>\n\u003cp>Anderson did not respond to messages left with his courtroom clerk.\u003c/p>\n\u003cp>Once financial documents are obtained, they must be checked against hundreds of cases each judge oversees, making it difficult to determine whether Real is an anomaly or a symbol of a wider problem.\u003c/p>\n\u003cp>A California Watch analysis of Northern California district judges, for instance, found that they issued at least 20 rulings involving companies in which they owned stock between 2006 and 2010, according to court records and financial disclosures.\u003c/p>\n\u003cp>For the most part, however, those rulings did not appear to be favorable or significant enough to sway the cases in favor of the judge’s stock, according to legal experts who reviewed the cases for California Watch.\u003c/p>\n\u003cp>In one instance, Judge Marilyn Patel presided over a case involving ReliaStar Life Insurance Co., a subsidiary of ING Groep N.V., beginning in April 2009. Five months into the case, Patel bought $50,000 to $100,000 worth of stock in ING Groep. She sold it at the end of that year for a profit of $5,001 to $15,000, two months before she signed a court order dismissing the case at the request of the parties. In a letter to California Watch, Patel defended her role, saying she did not issue any rulings in the case while she held the ING stock.\u003c/p>\n\u003cp>“It appears that the system in place for performing conflicts checks did not reveal ING Groep since it was not a party to the action,” wrote Patel, who retired from the bench in September.\u003c/p>\n\u003cp>It is not clear whether Patel reviewed one of the first court filings in the case, which disclosed ING's affiliation with ReliaStar.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>She added: “I do not manage our family portfolio and am not involved in the buying or selling of stocks in it.”\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1398733256,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":78,"wordCount":3102},"headData":{"title":"Federal Judge’s Rulings Favored Companies in Which He Owned Stock | KQED","description":"by Jennifer Gollan and Shane Shifflett, California Watch A federal judge has issued three key rulings over a four-year period that favored companies in which he owned stock, a California Watch analysis has found. Measures are in place to prevent judges from violating federal conflict-of-interest laws. But Judge Manuel Real, a 46-year veteran of the","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"80821 http://ww2.kqed.org/news/?p=80821","disqusUrl":"https://ww2.kqed.org/news/2012/11/20/federal-judges-rulings-favored-companies-in-which-he-owned-stock/","disqusTitle":"Federal Judge’s Rulings Favored Companies in Which He Owned Stock","WpOldSlug":"federal-judge%e2%80%99s-rulings-favored-companies-in-which-he-owned-stock","path":"/news/80821/federal-judges-rulings-favored-companies-in-which-he-owned-stock","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Jennifer Gollan and Shane Shifflett, \u003ca href=\"http://californiawatch.org/money-and-politics/federal-judge-s-rulings-favored-companies-which-he-owned-stock-18680\">California Watch\u003c/a>\u003c/p>\n\u003cp>A federal judge has issued three key rulings over a four-year period that favored companies in which he owned stock, a California Watch analysis has found.\u003c/p>\n\u003cp>Measures are in place to prevent judges from violating federal conflict-of-interest laws. But Judge Manuel Real, a 46-year veteran of the bench appointed by President Lyndon B. Johnson, appears to have skirted those safeguards, records and interviews show.\u003c/p>\n\u003cfigure id=\"attachment_80826\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/judge-with-gavel.jpg\">\u003cimg class=\"size-medium wp-image-80826\" title=\"judge with gavel\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/judge-with-gavel-300x300.jpg\" alt=\"\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Thinkstock\u003c/figcaption>\u003c/figure>\n\u003cp>Judges are supposed to disclose everything from their investments to their attendance at expenses-paid seminars. When a financial conflict arises, no matter how small, they are required to step aside, by federal law and the Code of Conduct for United States Judges.\u003c/p>\n\u003cp>“This is what we call a ‘bright line’ rule, meaning that it gives clear and unambiguous guidance to judges and the public,” said Steven Lubet, a Northwestern University law professor who specializes in judicial ethics.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But in at least three cases before the federal District Court for the Central District of California in Los Angeles, Real did not recuse himself:\u003c/p>\n\u003cul>\n\u003cli>In 2008, he awarded Microsoft Corp. $746,027 in damages and fees in a copyright infringement case against a computer sales and repair company. At the time, Real held Microsoft stock worth between $15,001 and $50,000, \u003ca href=\"https://www.documentcloud.org/documents/517649-real-finanical-disclosure-2008.html\" target=\"_blank\">according to his financial disclosures\u003c/a>.\u003c!--more-->\u003c/li>\n\u003cli>In another 2008 case involving a contract dispute between Atlanta Cancer Care and biotech giant Amgen, Real dismissed the suit against Amgen. Real held between $15,001 and $50,000 of \u003ca href=\"https://www.documentcloud.org/documents/517649-real-finanical-disclosure-2008.html\" target=\"_blank\">Amgen stock\u003c/a>, too, which he transferred to someone else shortly after the case was appealed.\u003c/li>\n\u003cli>The following year, Real dismissed a lawsuit against Verizon. After the plaintiff in the case appealed the decision to the 9th U.S. Circuit Court of Appeals, \u003ca href=\"https://www.documentcloud.org/documents/517652-real-financial-disclosure-2010.html\" target=\"_blank\">Real bought Verizon stock worth $15,001 to $50,000\u003c/a>. The appeals court upheld Real’s dismissal, but returned the case to Real for further deliberation. The parties reached an agreement in February 2011, and Real dismissed the case.\u003c/li>\n\u003c/ul>\n\u003cp>In all three cases, the company’s stock rose at least a dollar per share during the two months following Real’s ruling or dismissal.\u003c/p>\n\u003cp>“When there is money involved, it is human nature to protect your own interests,” said John Schneider, a plaintiff in the Verizon case and a retired electrical contractor. “I would say he looked out for his financial interests before he looked out for mine. Judges should be above reproach.”\u003c/p>\n\u003cp>Real, previously reprimanded for poor conduct on the bench, did not respond to repeated interview requests made via email or messages left with his courtroom clerk.\u003c/p>\n\u003cp>There is no indication that Real had a financial incentive in making his decisions, and many factors affect stock prices. But legal experts consulted by California Watch indicated that Real’s rulings were, at a minimum, good news for the companies. California Watch asked law professor Laurie Levenson, who holds the David W. Burcham Chair in Ethical Advocacy at Loyola Law School in Los Angeles, to review the cases.\u003c/p>\n\u003cp>A judge who repeatedly fails to withdraw from cases can face sanctions ranging from a private reprimand to suspension from hearing cases. Beyond that, a judge can be referred to Congress for an impeachment hearing.\u003c/p>\n\u003cp>“If a judge is willfully disregarding the disqualification rules, there is precedent for saying he should be disciplined,” said Charles Geyh, an expert in judicial ethics who teaches law at Indiana University. “In addition, where judges are not diligent in keeping track of their financial conflicts, where there is a pattern of incompetence, they could also be sanctioned.”\u003c/p>\n\u003cp>But Geyh acknowledged that such sanctions are rare, typically occurring only in extreme situations. One recent case involved a federal district judge from New Orleans, impeached and removed from office by the U.S. Senate in 2010 for failing to disqualify himself from cases in which he accepted cash and favors from lawyers and a bail bonds company.\u003c/p>\n\u003cp>Potential ethics violations fall to the Judicial Council of the 9th Circuit to investigate. Chief Judge Alex Kozinksi, chairman of the council, did not return calls seeking comment.\u003c/p>\n\u003cp>Federal judges are required to report not only their financial holdings, but also those of their spouses to the federal court system. Since September 2006, they are supposed to use special conflict-checking software, which cross-references their stock holdings against their courtroom dockets, automatically flagging potential problems.\u003c/p>\n\u003cp>But technology is no panacea. Courts generally afford judges autonomy in who does the checks and how often. Some judges run checks before every case, while others do so intermittently, according to Central District of California communications specialist Gary Horimoto. The district is the largest of the 94 federal judicial districts, serving a population of more than 18 million people in Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Orange, Riverside and San Bernardino counties.\u003c/p>\n\u003cp>“It is up to each judge to actually run these reports,” said Molly Dwyer, clerk of court of the 9th U.S. Circuit Court of Appeals. “We are not policing the judges. … We are accepting them at their word.”\u003c/p>\n\u003cp>Public scrutiny of the financial disclosures is complicated by logistical hurdles. While anyone can request judges’ annual financial disclosures through the federal courts’ administrative office in Washington, the process of obtaining these documents and cross-checking them against court rulings is cumbersome and expensive. Judges file annual financial disclosures by May 15.\u003c/p>\n\u003cp>\u003cstrong>In the courtroom\u003c/strong>\u003c/p>\n\u003cp>Real, 88, was first appointed to the bench in 1966. He earns $174,000 a year and like other federal trial court judges enjoys what has effectively become life tenure, a benefit engineered by authors of the Constitution to protect the court’s independence. A graduate of the University of Southern California, Real earned a law degree from Loyola Law School before becoming assistant U.S. attorney for the Southern District of California and, in 1964, the district’s U.S. attorney.\u003c/p>\n\u003cp>One of Real’s more notable decisions was a 1970 order to use mandatory busing to desegregate Pasadena schools.\u003c/p>\n\u003cp>Among judicial ethicists as well as attorneys who have argued cases before him, Real is known as an iconoclast.\u003c/p>\n\u003cp>On a recent day, Real rarely looked up from his desk as a string of lawyers directed their arguments at the top of his head. Dwarfed by his burgundy leather chair, Real commanded the cavernous courtroom with the occasional gruff directive.\u003c/p>\n\u003cp>Then a mustachioed man in an orange jumpsuit and handcuffs appeared. He was there to plead guilty to being caught in the country after being deported.\u003c/p>\n\u003cp>Real leaned forward and peppered the inmate with questions. Then, when a prosecutor from the Justice Department urged Real to make sure the man understood the facts of the crime before accepting his plea – as required by federal rules – Real lashed out.\u003c/p>\n\u003cp>“I just went through all that with him,” Real responded. “What do you think that was all about? We went through the elements of the offense.”\u003c/p>\n\u003cp>The attorney said nothing more.\u003c/p>\n\u003cp>\u003cstrong>Notable cases\u003c/strong>\u003c/p>\n\u003cp>Real is famous for a courtroom spat with Hustler magazine publisher Larry Flynt in 1984. Flynt had refused to reveal the source of a video of a sting operation that he had given to a television network. He appeared before Real and after repeated outbursts, Real ordered Flynt gagged and handcuffed to his wheelchair.\u003c/p>\n\u003cp>Years later, the 9th U.S. Circuit Court of Appeals issued an opinion in which it criticized Real for his accounting of $33.8 million in disputed assets of the Philippines dictator Ferdinand Marcos. The assets had been held in a Merrill Lynch account while the courts decided how to divide funds among various claimants, including Filipinos who claimed to have suffered human rights abuses.\u003c/p>\n\u003cp>Real, the \u003ca href=\"https://www.documentcloud.org/documents/517643-marcos.html\" target=\"_blank\">court documents indicated\u003c/a>, declined to provide more than a brief accounting “filled with cryptic notations” of the transactions involving the assets or who authorized them.\u003c/p>\n\u003cp>Real faced a potential \u003ca href=\"https://www.documentcloud.org/documents/517644-impeachment-inquiry.html\" target=\"_blank\">impeachment inquiry\u003c/a> by Congress in 2006 over misconduct allegations, congressional documents show. He was accused of showing favoritism in a bankruptcy case toward a woman whose probation he supervised.\u003c/p>\n\u003cp>In the end, Congress did not pursue the impeachment. But shortly after the congressional hearing, the Judicial Council of the 9th Circuit \u003ca href=\"https://www.documentcloud.org/documents/517646-real-reprimand-letter.html\" target=\"_blank\">publicly reprimanded Real\u003c/a> for showing favoritism in the bankruptcy case and making misleading statements to investigators.\u003c/p>\n\u003cp>The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States asked the 9th Circuit to review a complaint in which Real was accused of failing to provide the required reasons for his rulings. In April 2010, the conference reaffirmed the conclusion of the Judicial Council of the 9th Circuit, which had reviewed 38 of Real’s cases, that there was no misconduct – but warned Real that his decisions would be closely scrutinized.\u003c/p>\n\u003cp>Arthur D. Hellman, a law professor at the University of Pittsburgh and leading authority on the federal courts, said few federal judges have received as much scrutiny from the 9th Circuit as Real.\u003c/p>\n\u003cp>“I doubt that there is any federal judge that has been taken off as many cases as Judge Real,” Hellman said.\u003c/p>\n\u003cp>Federal trial court judges do not have to detail their reasons for withdrawing from cases, so it is difficult to pinpoint how many avoid financial conflicts of interest. The Central District doesn’t track how often judges withdraw from cases, said Horimoto, the district communications specialist.\u003c/p>\n\u003cp>However, Real has been taken off at least 20 cases over the past 25 years by the 9th Circuit, which has criticized him for making decisions that ignore precedent, court records show, and creating “an atmosphere in which an objectively fair trial could not be conducted.”\u003c/p>\n\u003cp>\u003cstrong>‘A controversial judge’\u003c/strong>\u003c/p>\n\u003cp>It is unclear how Real’s multiple conflicts of interest could have escaped notice. His annual financial disclosures list the companies involved in the three cases, a connection the conflict-checking software is designed to catch. At least two of the cases were resolved before Real was required to file his annual disclosures, however, leaving the attorneys involved no means for evaluating his financial interests on their own.\u003c/p>\n\u003cp>In one of Real’s cases, Microsoft claimed that All-Valley Computer in Cathedral City and its owner, Glenn Somervell, distributed software that infringed on Microsoft’s copyrights and trademarks. All-Valley failed to respond to Microsoft’s complaint by the deadline, and Microsoft’s lawyers urged Real to issue a judgment against All-Valley. Real \u003ca href=\"https://www.documentcloud.org/documents/517658-microsoft-real-order.html\" target=\"_blank\">awarded Microsoft about $746,000\u003c/a> in damages and fees.\u003c/p>\n\u003cp>Two weeks later, Real added a \u003ca href=\"https://www.documentcloud.org/documents/517657-microsoft-real-permanent-injunction.html\" target=\"_blank\">permanent injunction\u003c/a> against All-Valley that prohibited it from distributing software protected by Microsoft trademarks or selling counterfeit Microsoft products.\u003c/p>\n\u003cp>Somervell, who closed All-Valley before the suit to care for his dying mother, said Real’s decisions damaged his career prospects.\u003c/p>\n\u003cp>“I probably can’t get a job for the rest of my life; it doesn’t look too good on my résumé,” Somervell said. “If (Real’s) involved with Microsoft, he is going to take their side. It’s totally unfair.”\u003c/p>\n\u003cp>In the Amgen case, Atlanta Cancer Care – which runs medical practices in and around Atlanta – alleged that the biotechnology company wrongfully recouped $184,625 in rebates owed to the oncology practice for medications it purchased for patients. Real was unmoved. Siding with Amgen’s lawyers, he \u003ca href=\"https://www.documentcloud.org/documents/517656-amgen-manuel-real-order.html\" target=\"_blank\">dismissed the suit\u003c/a>. But the 9th Circuit disagreed, reversing Real’s decision and sending the case back to him in late 2009 for further consideration. The parties reached a negotiated settlement in the case at the end of that year.\u003c/p>\n\u003cp>Leland Wahl, one of the lead attorneys representing Atlanta Cancer Care in the lawsuit, said Real did not disclose his financial interest in Amgen during the case.\u003c/p>\n\u003cp>“He is a controversial judge,” Wahl said. “If he does something unusual, many people would not be surprised, including me.”\u003c/p>\n\u003cp>And in the Verizon case, the communications company stood to lose millions. That’s because Schneider, the retired electrical contractor, brought a class-action suit on behalf of Verizon customers challenging the company’s practice of billing each of them up to $149 for canceling their Internet service before the end of their contract.\u003c/p>\n\u003cp>Schneider’s attorneys argued that the early termination fee was designed to lock in customers and had little bearing on the actual costs of cancellation. Verizon’s attorneys countered that the complaint lacked merit. Real dismissed the suit. On appeal, the 9th Circuit reversed part of Real’s decision and sent the rest back to him. Verizon later settled the case with Schneider, but no money was awarded to its other customers.\u003c/p>\n\u003cp>\u003cstrong>Checking for conflicts\u003c/strong>\u003c/p>\n\u003cp>Around the nation, attorneys and legal scholars point to judges and judicial districts that are doing things right – examples that differ from some of California’s practices.\u003c/p>\n\u003cp>One federal judge who pursues conflict checking with vigor is Chief Judge David R. Herndon of the Southern District of Illinois. He believes it is essential, he said, to retain the public’s trust.\u003c/p>\n\u003cp>A nominee of President Bill Clinton on the bench for 14 years, Herndon does not rely on conflict-checking software alone. He posts a list of his stock holdings online, updating it monthly, in the hope that litigants and lawyers will catch any conflicts he fails to see.\u003c/p>\n\u003cp>“Software is not infallible; humans are not infallible,” Herndon said.\u003c/p>\n\u003cp>Herndon and a staff member cross-check his case assignments against his financial holdings daily, he said. In addition, he said, he has instructed his broker not to invest in large companies involved in frequent litigation.\u003c/p>\n\u003cp>From October 2011 through September, five federal judges in the Southern District of Illinois recused themselves on 14 occasions, Herndon said.\u003c/p>\n\u003cp>In the Northern District of Iowa, the clerk’s office – rather than judges or their chamber staff – screens for conflicts before assigning cases. The Iowa district also posts judges’ stock holdings and other information on its website, including law firms or businesses affiliated with their family members.\u003c/p>\n\u003cp>“It helps lawyers sort out whether judges have conflicts,” said Robert Phelps, the district’s clerk of court. “In creating the list and publishing it, it also puts that consideration into the minds of judges.”\u003c/p>\n\u003cp>In California, Dwyer, the 9th Circuit court clerk, said privacy and security considerations keep California’s disclosures offline. Among the information included in the filings are details such as addresses of rental properties judges own or the name of their spouse’s employer.\u003c/p>\n\u003cp>“I don’t think judges want their holdings known by everyone and their mother,” Dwyer said.\u003c/p>\n\u003cp>Geyh, the Indiana law professor, scoffed at those objections, pointing out that the financial disclosure is technically a public record, so the lack of online posting merely makes it harder to get.\u003c/p>\n\u003cp>“It is the price you pay for being a government employee,” he said.\u003c/p>\n\u003cp>\u003cstrong>Obtaining financial filings\u003c/strong>\u003c/p>\n\u003cp>Without such Web access, obtaining judges’ financial filings is complicated. A written request must be sent to federal officials in Washington, and judges are warned about who is scrutinizing their disclosures. In some cases, \u003ca href=\"http://www.law.cornell.edu/uscode/html/uscode05a/usc_sec_05a_00000105----000-.html\">under federal law\u003c/a>, judges may black out key information, if it includes “revealing personal and sensitive information (that) could endanger” the judge or a family member.\u003c/p>\n\u003cp>For example, in mid-2008, Real transferred 19 stocks – most of which were worth between $15,001 and $100,000 each, one worth up to $500,000 – to a recipient whose name has been blacked out. The companies ranged from Adobe Systems to UnitedHealth Group.\u003c/p>\n\u003cp>Another Southern California federal court judge, Percy Anderson, issued more than two dozen rulings in a 2007 trademark infringement case involving Verizon, including a preliminary injunction and some other rulings in favor of the company.\u003c/p>\n\u003cp>Eight months into the continuing Los Angeles case, Anderson withdrew, saying “that he should not preside over this case because it was reasonably brought to his attention that he has a financial interest in one of the parties,” \u003ca href=\"https://www.documentcloud.org/documents/517661-anderson-recusal.html\" target=\"_blank\">court records show\u003c/a>.\u003c/p>\n\u003cp>Verizon was the only publicly traded company involved in the case. Lawyers said Anderson recused himself because he owned Verizon stock. But there is no way to know for sure because Anderson was allowed to \u003ca href=\"https://www.documentcloud.org/documents/517664-anderson-financial-disclosure-2007.html\" target=\"_blank\">black out his financial disclosures\u003c/a> before they were released to the public.\u003c/p>\n\u003cp>Anderson did not respond to messages left with his courtroom clerk.\u003c/p>\n\u003cp>Once financial documents are obtained, they must be checked against hundreds of cases each judge oversees, making it difficult to determine whether Real is an anomaly or a symbol of a wider problem.\u003c/p>\n\u003cp>A California Watch analysis of Northern California district judges, for instance, found that they issued at least 20 rulings involving companies in which they owned stock between 2006 and 2010, according to court records and financial disclosures.\u003c/p>\n\u003cp>For the most part, however, those rulings did not appear to be favorable or significant enough to sway the cases in favor of the judge’s stock, according to legal experts who reviewed the cases for California Watch.\u003c/p>\n\u003cp>In one instance, Judge Marilyn Patel presided over a case involving ReliaStar Life Insurance Co., a subsidiary of ING Groep N.V., beginning in April 2009. Five months into the case, Patel bought $50,000 to $100,000 worth of stock in ING Groep. She sold it at the end of that year for a profit of $5,001 to $15,000, two months before she signed a court order dismissing the case at the request of the parties. In a letter to California Watch, Patel defended her role, saying she did not issue any rulings in the case while she held the ING stock.\u003c/p>\n\u003cp>“It appears that the system in place for performing conflicts checks did not reveal ING Groep since it was not a party to the action,” wrote Patel, who retired from the bench in September.\u003c/p>\n\u003cp>It is not clear whether Patel reviewed one of the first court filings in the case, which disclosed ING's affiliation with ReliaStar.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She added: “I do not manage our family portfolio and am not involved in the buying or selling of stocks in it.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/80821/federal-judges-rulings-favored-companies-in-which-he-owned-stock","authors":["236"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_47"],"label":"news_6944"},"news_80670":{"type":"posts","id":"news_80670","meta":{"index":"posts_1591205157","site":"news","id":"80670","score":null,"sort":[1353361451000]},"guestAuthors":[],"slug":"judge-asks-hostess-to-enter-mediation-with-union","title":"Judge Asks Hostess and Union to Enter Mediation ","publishDate":1353361451,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>(AP) Twinkies won't die that easily after all.\u003c/p>\n\u003cp>Hostess Brands Inc. and its second largest union will go into mediation to try and resolve their differences, meaning the company won't go out of business just yet. The news came Monday after Hostess moved to liquidate and sell off its assets in bankruptcy court citing a crippling strike last week.\u003c/p>\n\u003cfigure id=\"attachment_80675\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/Hostess-Twinkies-justin-sullivan-getty-images.jpg\">\u003cimg class=\"size-medium wp-image-80675 \" title=\"Hostess Twinkies justin sullivan getty images\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/Hostess-Twinkies-justin-sullivan-getty-images-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hostess Twinkies (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The bankruptcy judge hearing the case said Monday that the parties haven't gone through the critical step of mediation and asked the lawyer for the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, which has been on strike on Nov. 9, to ask his client, who wasn't present, if the union would agree to participate. The judge noted that the bakery union went on strike after rejecting the company's latest contract offer, even though it never filed an objection to it.\u003c/p>\n\u003cp>\"Many people, myself included, have serious questions as to the logic behind this strike,\" said Judge Robert Drain, who heard the case in the U.S. Bankruptcy Court in the Southern District of New York in White Plains, N.Y. \"Not to have gone through that step leaves a huge question mark in this case.\"\u003c/p>\n\u003cp>Hostess and the union are expected to begin the mediation process on Tuesday.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.bctgm.org/2012/11/bctgm-joinder-submitted-to-u-s-bankruptcy-judge-robert-d-drain/\">In this legal document, the union explains why it won't make concessions.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.sfgate.com/business/bloomberg/article/Hostess-to-Hold-Talks-With-Bakers-Union-on-4050767.php\">Hostess wants to pay bonuses to management while firing workers.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/news/story/2012/11/16/111211/hostess_workers_will_be_out_as_bakery_announces_liquidation?category=bay+area\">Bay Area workers are affected\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003c/aside>\n\u003cp>Irving, Texas-based Hostess, weighed down by debt, management turmoil, rising labor costs and the changing tastes of America, decided on Friday that it no longer could make it through a conventional Chapter 11 bankruptcy restructuring. Instead, it's asked the court for permission to sell assets and go out of business.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It's a far cry from when the maker of Twinkies, Ding Dongs and Ho Ho's filed for bankruptcy in January, its second Chapter 11 filing in less than a decade. The company had hoped to emerge with stronger financials. It brought on CEO Gregory Rayburn as a restructuring expert and was working to renegotiate its contract with labor unions.\u003c/p>\n\u003cp>But Rayburn wasn't able to reach a deal with the bakery union, which went on strike Nov. 9. Rayburn said that Hostess was already operating on razor thin margins and that the strike was the final blow.\u003c/p>\n\u003cp>The company's announcement on Friday that it would move to liquidate prompted people across the country to rush to stores and stock up on their favorite Hostess treats. Many businesses reported selling out of Twinkies within hours and the spongy yellow cakes turned up for sale online for hundreds of dollars.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if Hostess goes out of business, its popular brands will likely find a second life after being snapped up by buyers. The company says several potential buyers have expressed interest in the brands. Although Hostess' sales have been declining in recent years, the company still does about $2.5 billion in business each year. Twinkies along brought in $68 million so far this year.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1353361492,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":519},"headData":{"title":"Judge Asks Hostess and Union to Enter Mediation | KQED","description":"(AP) Twinkies won't die that easily after all. Hostess Brands Inc. and its second largest union will go into mediation to try and resolve their differences, meaning the company won't go out of business just yet. The news came Monday after Hostess moved to liquidate and sell off its assets in bankruptcy court citing a","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"80670 http://ww2.kqed.org/news/?p=80670","disqusUrl":"https://ww2.kqed.org/news/2012/11/19/judge-asks-hostess-to-enter-mediation-with-union/","disqusTitle":"Judge Asks Hostess and Union to Enter Mediation ","path":"/news/80670/judge-asks-hostess-to-enter-mediation-with-union","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>(AP) Twinkies won't die that easily after all.\u003c/p>\n\u003cp>Hostess Brands Inc. and its second largest union will go into mediation to try and resolve their differences, meaning the company won't go out of business just yet. The news came Monday after Hostess moved to liquidate and sell off its assets in bankruptcy court citing a crippling strike last week.\u003c/p>\n\u003cfigure id=\"attachment_80675\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/Hostess-Twinkies-justin-sullivan-getty-images.jpg\">\u003cimg class=\"size-medium wp-image-80675 \" title=\"Hostess Twinkies justin sullivan getty images\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/Hostess-Twinkies-justin-sullivan-getty-images-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hostess Twinkies (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The bankruptcy judge hearing the case said Monday that the parties haven't gone through the critical step of mediation and asked the lawyer for the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, which has been on strike on Nov. 9, to ask his client, who wasn't present, if the union would agree to participate. The judge noted that the bakery union went on strike after rejecting the company's latest contract offer, even though it never filed an objection to it.\u003c/p>\n\u003cp>\"Many people, myself included, have serious questions as to the logic behind this strike,\" said Judge Robert Drain, who heard the case in the U.S. Bankruptcy Court in the Southern District of New York in White Plains, N.Y. \"Not to have gone through that step leaves a huge question mark in this case.\"\u003c/p>\n\u003cp>Hostess and the union are expected to begin the mediation process on Tuesday.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.bctgm.org/2012/11/bctgm-joinder-submitted-to-u-s-bankruptcy-judge-robert-d-drain/\">In this legal document, the union explains why it won't make concessions.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.sfgate.com/business/bloomberg/article/Hostess-to-Hold-Talks-With-Bakers-Union-on-4050767.php\">Hostess wants to pay bonuses to management while firing workers.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/news/story/2012/11/16/111211/hostess_workers_will_be_out_as_bakery_announces_liquidation?category=bay+area\">Bay Area workers are affected\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003c/aside>\n\u003cp>Irving, Texas-based Hostess, weighed down by debt, management turmoil, rising labor costs and the changing tastes of America, decided on Friday that it no longer could make it through a conventional Chapter 11 bankruptcy restructuring. Instead, it's asked the court for permission to sell assets and go out of business.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It's a far cry from when the maker of Twinkies, Ding Dongs and Ho Ho's filed for bankruptcy in January, its second Chapter 11 filing in less than a decade. The company had hoped to emerge with stronger financials. It brought on CEO Gregory Rayburn as a restructuring expert and was working to renegotiate its contract with labor unions.\u003c/p>\n\u003cp>But Rayburn wasn't able to reach a deal with the bakery union, which went on strike Nov. 9. Rayburn said that Hostess was already operating on razor thin margins and that the strike was the final blow.\u003c/p>\n\u003cp>The company's announcement on Friday that it would move to liquidate prompted people across the country to rush to stores and stock up on their favorite Hostess treats. Many businesses reported selling out of Twinkies within hours and the spongy yellow cakes turned up for sale online for hundreds of dollars.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if Hostess goes out of business, its popular brands will likely find a second life after being snapped up by buyers. The company says several potential buyers have expressed interest in the brands. Although Hostess' sales have been declining in recent years, the company still does about $2.5 billion in business each year. Twinkies along brought in $68 million so far this year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/80670/judge-asks-hostess-to-enter-mediation-with-union","authors":["237"],"programs":["news_6944"],"categories":["news_1758"],"tags":["news_333","news_3477","news_47","news_19904","news_2759"],"label":"news_6944"},"news_36":{"type":"posts","id":"news_36","meta":{"index":"posts_1591205157","site":"news","id":"36","score":null,"sort":[1285612891000]},"guestAuthors":[],"slug":"breaking-news-judge-refuses-execution-stay","title":"Breaking news: Judge refuses execution stay","publishDate":1285612891,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://www.ktvu.com/news/25180334/detail.html\">\u003cstrong>KTVU reports\u003c/strong>\u003c/a> that Marin County Superior Court judge has refused a stay of Albert G. 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