Patricia Guerrero Confirmed As First Latina on California Supreme Court
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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"}},"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_11908894":{"type":"posts","id":"news_11908894","meta":{"index":"posts_1591205157","site":"news","id":"11908894","score":null,"sort":[1647993535000]},"guestAuthors":[],"slug":"patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","title":"Patricia Guerrero Confirmed As First Latina on California Supreme Court","publishDate":1647993535,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>With none of the partisan rancor or political point-scoring on display in this week's Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>\"I embrace this nomination, knowing that I'm not here today on my own,\" Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. \"I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.\"\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>\"This is a joyous type of hearing,\" Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as \"Trish,\" was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I would describe Trish as a pioneer,\" said Robert Howard, a partner at the law firm Latham & Watkins in San Diego, where Guerrero worked early on in her legal career.[aside label=\"Related Stories\" postID=\"news_11905429,news_11841064\"]Noting that Guerrero made partner in just seven years, Howard said, \"She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.\"\u003c/p>\n\u003cp>He called Gov. Gavin Newsom's \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> \"a wise choice,\" adding that \"Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.\"\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino \"Tino\" Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>\"She taught us to be strong, compassionate and independent,\" Guerrero said. \"She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.\"\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>\"This is not just about me or really even just about my parents, but it's about so many others, just like us,\" she said. \"This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.\"\u003c/p>\n\u003cp>At Tuesday's confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>\"Expect her to inspire you, support you, engage you and challenge you,\" she said. \"She will never let you down and she will serve with you with dignity, courage and grace.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n","blocks":[],"excerpt":"The daughter of Mexican immigrants, Guerrero, a Fourth District Court of Appeal judge, will fill the seat vacated by Associate Justice Mariano-Florentino \"Tino\" Cuéllar, who stepped down last fall. ","status":"publish","parent":0,"modified":1648043552,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":663},"headData":{"title":"Patricia Guerrero Confirmed As First Latina on California Supreme Court | KQED","description":"The daughter of Mexican immigrants, Guerrero, a Fourth District Court of Appeal judge, will fill the seat vacated by Associate Justice Mariano-Florentino "Tino" Cuéllar, who stepped down last fall. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11908894 https://ww2.kqed.org/news/?p=11908894","disqusUrl":"https://ww2.kqed.org/news/2022/03/22/patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court/","disqusTitle":"Patricia Guerrero Confirmed As First Latina on California Supreme Court","excludeFromSiteSearch":"Include","path":"/news/11908894/patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With none of the partisan rancor or political point-scoring on display in this week's Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>\"I embrace this nomination, knowing that I'm not here today on my own,\" Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. \"I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.\"\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>\"This is a joyous type of hearing,\" Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as \"Trish,\" was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\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>\"I would describe Trish as a pioneer,\" said Robert Howard, a partner at the law firm Latham & Watkins in San Diego, where Guerrero worked early on in her legal career.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11905429,news_11841064"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Noting that Guerrero made partner in just seven years, Howard said, \"She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.\"\u003c/p>\n\u003cp>He called Gov. Gavin Newsom's \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> \"a wise choice,\" adding that \"Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.\"\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino \"Tino\" Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>\"She taught us to be strong, compassionate and independent,\" Guerrero said. \"She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.\"\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>\"This is not just about me or really even just about my parents, but it's about so many others, just like us,\" she said. \"This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.\"\u003c/p>\n\u003cp>At Tuesday's confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>\"Expect her to inspire you, support you, engage you and challenge you,\" she said. \"She will never let you down and she will serve with you with dignity, courage and grace.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11908894/patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","authors":["255"],"categories":["news_6188","news_8","news_13"],"tags":["news_30836","news_548","news_30835","news_30837"],"featImg":"news_11908938","label":"news"},"news_11907093":{"type":"posts","id":"news_11907093","meta":{"index":"posts_1591205157","site":"news","id":"11907093","score":null,"sort":[1646337686000]},"guestAuthors":[],"slug":"uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels","title":"UC Berkeley Ordered to Freeze Enrollment at 2020 Levels","publishDate":1646337686,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>UC Berkeley was ordered by California’s Supreme Court on Thursday to freeze its undergraduate enrollment at 2020-21 levels, meaning it will have to accept at least 3,000 fewer students than planned for the upcoming academic year.\u003c/p>\n\u003cp>The ruling is a victory for some residents of the city of Berkeley, who had sued the university for accepting more and more students without providing enough housing for them, even though their lawsuit blocked construction of planned off-campus faculty housing.\u003c/p>\n\u003cp>But it is a major blow to many applicants to the prestigious public university and means millions of dollars in lost tuition.\u003c/p>\n\u003cp>In a statement, officials from the university said they were \"extremely disheartened\" by the ruling, which leaves intact a lower court's order and rejects the university's request to lift the enrollment cap while it appeals the original lawsuit.\u003c/p>\n\u003cp>\"This is devastating news for the thousands of students who have worked so hard and have earned a seat in our fall 2022 class,\" the university said in the statement. \"Our fight on behalf of every one of these students continues.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As it continues with an appeal, the university said it will have to adhere to the enrollment freeze for now. But it is scrambling to keep its prospective students and will increase online enrollment and also ask new, incoming students to delay enrollment until January 2023.\u003c/p>\n\u003cp>\"The lower court order leaves us with options that are far from ideal,\" the statement said. \"We believe this effort is preferable to drastically reducing the number of offers of admissions and denying so many students a Berkeley education.\"\u003c/p>\n\u003cp>UC Berkeley spokesperson Dan Mogulof said the university expects to present its case before the California Court of Appeal this summer.\u003c/p>\n\u003cp>Thursday’s decision is the result of a legal battle with a residents group called Save Berkeley Neighborhoods that sued the university for failing to address the effect of increased student enrollment on housing, homelessness, traffic and noise. The lawsuit was filed under the California Environmental Quality Act (CEQA), which is commonly used to stall or halt building projects.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"uc-berkeley\"]In August, Alameda County Superior Court sided with the Berkeley residents, ordering the university to cap enrollment at its 2020-21 level of just over 42,000, and to suspend construction of a proposed faculty housing and classroom project. The residents argued the project, which would have created 150 faculty apartments, failed to plan for the increased noise, traffic and other quality-of-life problems the new buildings would bring.\u003c/p>\n\u003cp>The group of Berkeley residents also says the university should build more housing on its own property. It contends that a dearth of on-campus housing forces students to find alternatives around the city, in a process that ultimately displace lower-income city residents, fuels homelessness and strains city resources.\u003c/p>\n\u003cp>Phil Bokovoy, the president of the group, says he's pleased with the court's decision but not with the way the university is handling it. \u003c/p>\n\u003cp>\"We’re not happy that deserving California high school students have been used as pawns in UC Berkeley’s attempts to avoid mitigating the impact from those massive enrollment increases,\" he said.\u003c/p>\n\u003cp>Freezing enrollment means that UC Berkeley would not be able to offer an additional 3,050 seats for incoming first-year and transfer students as planned for the fall of 2022, and stands to lose at least $57 million in tuition, officials said. The university typically offers admission to roughly 21,000 first-year and transfer students, about 9,500 of whom enroll.\u003c/p>\n\u003cp>An appeals court last month denied UC Berkeley's request to lift the enrollment freeze as the case continues. The decision prompted Gov. Gavin Newsom to file a friend of the court brief asking the California Supreme Court to block the enrollment cap, saying in a statement that a lawsuit should not “get in the way of the education and dreams of thousands of students who are our future leaders and innovators.”\u003c/p>\n\u003cp>Writing in dissent of Thursday's 4-2 decision, Associate Justice Goodwin Liu lamented that thousands of students could lose the opportunity to attend one of the top universities in the country because of \"an environmental lawsuit.\" He urged the university to renew its request for a stay at the Court of Appeal and urged the two sides to engage in negotiations or mediation to solve the dispute quickly.\u003c/p>\n\u003cp>Following Thursday's decision, an outpouring of support for the university came from lawmakers, including Assemblyman Phil Ting, a San Francisco Democrat and UC Berkeley alum.\u003c/p>\n\u003cp>\"I know personally how life changing it can be to attend UC Berkeley,” Ting said. “I have been in contact with UC leadership, and the Legislature is exploring a variety of options.\"\u003c/p>\n\u003cp>State Sen. Scott Weiner, a Democrat from San Francisco, who has long run up against CEQA in his push to build more affordable housing, called it “tragic that California allows courts and environmental laws” to determine the number of students at a top state school.\u003c/p>\n\u003cp>\"We must never allow this to happen again,\" he said. \"We must change the law. And we will.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Tara Siler contributed to this story.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Freezing enrollment at the 2020-21 level means the university will not be able to offer an additional 3,050 seats for incoming first-year students and transfer students as planned for the fall of 2022.","status":"publish","parent":0,"modified":1646353584,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":879},"headData":{"title":"UC Berkeley Ordered to Freeze Enrollment at 2020 Levels | KQED","description":"Freezing enrollment at the 2020-21 level means the university will not be able to offer an additional 3,050 seats for incoming first-year students and transfer students as planned for the fall of 2022.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11907093 https://ww2.kqed.org/news/?p=11907093","disqusUrl":"https://ww2.kqed.org/news/2022/03/03/uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels/","disqusTitle":"UC Berkeley Ordered to Freeze Enrollment at 2020 Levels","nprByline":"Jocelyn Gecker\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11907093/uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>UC Berkeley was ordered by California’s Supreme Court on Thursday to freeze its undergraduate enrollment at 2020-21 levels, meaning it will have to accept at least 3,000 fewer students than planned for the upcoming academic year.\u003c/p>\n\u003cp>The ruling is a victory for some residents of the city of Berkeley, who had sued the university for accepting more and more students without providing enough housing for them, even though their lawsuit blocked construction of planned off-campus faculty housing.\u003c/p>\n\u003cp>But it is a major blow to many applicants to the prestigious public university and means millions of dollars in lost tuition.\u003c/p>\n\u003cp>In a statement, officials from the university said they were \"extremely disheartened\" by the ruling, which leaves intact a lower court's order and rejects the university's request to lift the enrollment cap while it appeals the original lawsuit.\u003c/p>\n\u003cp>\"This is devastating news for the thousands of students who have worked so hard and have earned a seat in our fall 2022 class,\" the university said in the statement. \"Our fight on behalf of every one of these students continues.\"\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>As it continues with an appeal, the university said it will have to adhere to the enrollment freeze for now. But it is scrambling to keep its prospective students and will increase online enrollment and also ask new, incoming students to delay enrollment until January 2023.\u003c/p>\n\u003cp>\"The lower court order leaves us with options that are far from ideal,\" the statement said. \"We believe this effort is preferable to drastically reducing the number of offers of admissions and denying so many students a Berkeley education.\"\u003c/p>\n\u003cp>UC Berkeley spokesperson Dan Mogulof said the university expects to present its case before the California Court of Appeal this summer.\u003c/p>\n\u003cp>Thursday’s decision is the result of a legal battle with a residents group called Save Berkeley Neighborhoods that sued the university for failing to address the effect of increased student enrollment on housing, homelessness, traffic and noise. The lawsuit was filed under the California Environmental Quality Act (CEQA), which is commonly used to stall or halt building projects.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"uc-berkeley"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In August, Alameda County Superior Court sided with the Berkeley residents, ordering the university to cap enrollment at its 2020-21 level of just over 42,000, and to suspend construction of a proposed faculty housing and classroom project. The residents argued the project, which would have created 150 faculty apartments, failed to plan for the increased noise, traffic and other quality-of-life problems the new buildings would bring.\u003c/p>\n\u003cp>The group of Berkeley residents also says the university should build more housing on its own property. It contends that a dearth of on-campus housing forces students to find alternatives around the city, in a process that ultimately displace lower-income city residents, fuels homelessness and strains city resources.\u003c/p>\n\u003cp>Phil Bokovoy, the president of the group, says he's pleased with the court's decision but not with the way the university is handling it. \u003c/p>\n\u003cp>\"We’re not happy that deserving California high school students have been used as pawns in UC Berkeley’s attempts to avoid mitigating the impact from those massive enrollment increases,\" he said.\u003c/p>\n\u003cp>Freezing enrollment means that UC Berkeley would not be able to offer an additional 3,050 seats for incoming first-year and transfer students as planned for the fall of 2022, and stands to lose at least $57 million in tuition, officials said. The university typically offers admission to roughly 21,000 first-year and transfer students, about 9,500 of whom enroll.\u003c/p>\n\u003cp>An appeals court last month denied UC Berkeley's request to lift the enrollment freeze as the case continues. The decision prompted Gov. Gavin Newsom to file a friend of the court brief asking the California Supreme Court to block the enrollment cap, saying in a statement that a lawsuit should not “get in the way of the education and dreams of thousands of students who are our future leaders and innovators.”\u003c/p>\n\u003cp>Writing in dissent of Thursday's 4-2 decision, Associate Justice Goodwin Liu lamented that thousands of students could lose the opportunity to attend one of the top universities in the country because of \"an environmental lawsuit.\" He urged the university to renew its request for a stay at the Court of Appeal and urged the two sides to engage in negotiations or mediation to solve the dispute quickly.\u003c/p>\n\u003cp>Following Thursday's decision, an outpouring of support for the university came from lawmakers, including Assemblyman Phil Ting, a San Francisco Democrat and UC Berkeley alum.\u003c/p>\n\u003cp>\"I know personally how life changing it can be to attend UC Berkeley,” Ting said. “I have been in contact with UC leadership, and the Legislature is exploring a variety of options.\"\u003c/p>\n\u003cp>State Sen. Scott Weiner, a Democrat from San Francisco, who has long run up against CEQA in his push to build more affordable housing, called it “tragic that California allows courts and environmental laws” to determine the number of students at a top state school.\u003c/p>\n\u003cp>\"We must never allow this to happen again,\" he said. \"We must change the law. And we will.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Tara Siler contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11907093/uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels","authors":["byline_news_11907093"],"categories":["news_18540","news_8"],"tags":["news_129","news_548","news_20013","news_17597","news_206"],"featImg":"news_11897040","label":"news"},"news_11905770":{"type":"posts","id":"news_11905770","meta":{"index":"posts_1591205157","site":"news","id":"11905770","score":null,"sort":[1645570716000]},"guestAuthors":[],"slug":"how-california-judge-leondra-kruger-rose-to-be-on-bidens-supreme-court-short-list","title":"How California Judge Leondra Kruger Rose to Be on Biden's Supreme Court Short List","publishDate":1645570716,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>California Supreme Court Justice Leondra Kruger is hardly a household name. But to those who know her well, it is no surprise that she's on President Biden’s short list to fill the seat of retiring U.S. Supreme Court Justice Stephen Breyer.\u003c/p>\n\u003cp>When a vacancy on the California Supreme Court opened up in 2014, then-Gov. Jerry Brown spent months searching for a replacement. Kruger — then 38 years old — was living on the East Coast, working for the solicitor general’s office in the Obama Justice Department.\u003c/p>\n\u003cp>\"As soon as I met her, I was very impressed,\" Brown said in 2019 after he left office.\u003c/p>\n\u003cp>When Brown nominated her, there was some grumbling that he didn’t choose an attorney or judge practicing in California — a criticism Brown brushed off. \"I don’t think you’ve heard a peep of criticism,\" he said. \"[She's] very independent, very well reasoned, very well prepared.\"\u003c/p>\n\u003cp>Born and raised in Pasadena, Kruger graduated from Harvard before heading to Yale Law School. Common descriptions of her tend to say she's studious, serious and focused.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"She's very quiet. She's reserved. She is, I think, more of a shy personality,\" said NYU School of Law professor Melissa Murray. Murray was at Yale when Kruger became editor-in-chief of the Yale Law Journal — the first Black woman to hold that prestigious position.\u003c/p>\n\u003cp>\"It was a really exciting moment, a real accomplishment, not just for her, but I think we all sort of took great pride in what she was able to accomplish,\" Murray recalled.\u003c/p>\n\u003cp>Murray said she and Kruger bonded at Yale over their common family background.\u003c/p>\n\u003cp>\"Her mother was from Jamaica. Both of my parents are from Jamaica, so I think we initially talked about that,\" Murray said. \"She had basically grown up in California in the Los Angeles area, the daughter of two doctors.\"\u003c/p>\n\u003cp>In 2014, Murray was teaching at Berkeley Law and heard the criticism when Brown picked Kruger — a Washington, D.C., lawyer instead of one working in California.\u003c/p>\n\u003cp>\"This wasn't a carpetbagging situation,\" Murray said. \"She was impeccably qualified and this was a governor who I think was incredibly determined to put his stamp on the judiciary. And he did.\"\u003c/p>\n\u003cp>[aside postID=news_10386867]After graduating from Yale, Kruger clerked for U.S. Supreme Court Justice John Paul Stevens. UC Hastings law school professor Rory Little, who worked for Stevens years earlier, said Kruger has exactly the right temperament for the bench.\u003c/p>\n\u003cp>\"She's kind of unflappably gracious, but also incredibly smart, just incisively smart and perceptive,\" Little told KQED. \"To me, she's everything you might want in a judge.\"\u003c/p>\n\u003cp>As a state Supreme Court Justice, Kruger has held nuanced, sometimes cautious positions. When the court has been divided, she has often joined colleagues appointed by Democratic governors, but not always. Rory Little said Kruger does not look at cases through a political lens.\u003c/p>\n\u003cp>\"That is not who Leondra is,\" Little said. \"She is apolitical. I mean, I don't think anybody can find anything in her record where she comments on things politically.\"\u003c/p>\n\u003cp>Fatima Goss Graves, president and CEO of the National Women’s Law Center in Washington, also attended Yale with Kruger. She said having President Biden name a Black woman to the Supreme Court fills her with pride, whether it’s Kruger or someone else on the short list.\u003c/p>\n\u003cp>\"And part of that pride comes from the fact that we have long known many people who would have been well qualified and would have made the Supreme Court better, but who were never considered,\" Graves said.\u003c/p>\n\u003cp>There have already been misplaced criticisms from conservatives, who say that because Biden has committed to naming a Black woman that he’s somehow picking someone less qualified — a ridiculous notion given the credentials of the women he’s considering.\u003c/p>\n\u003cp>But Professor Little said no matter what they throw at her, Kruger will be ready.\u003c/p>\n\u003cp>\"She's not going to lose her cool during a Senate confirmation hearing and sort of lash out at the people on the panel. She's not that kind of person, no matter what they say,\" Little predicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Biden chooses her and she is confirmed, Kruger would be the youngest justice on the court at age 45. She would also join a short list of Supreme Court justices who came from state courts — a list that includes Arizona’s Sandra Day O’Connor and David Souter of New Hampshire.\u003c/p>\n\n","blocks":[],"excerpt":"California Supreme Court Justice Leondra Kruger, who grew up in Pasadena, is hardly a household name. But that could change.","status":"publish","parent":0,"modified":1645574079,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":769},"headData":{"title":"How California Judge Leondra Kruger Rose to Be on Biden's Supreme Court Short List | KQED","description":"California Supreme Court Justice Leondra Kruger, who grew up in Pasadena, is hardly a household name. But that could change.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11905770 https://ww2.kqed.org/news/?p=11905770","disqusUrl":"https://ww2.kqed.org/news/2022/02/22/how-california-judge-leondra-kruger-rose-to-be-on-bidens-supreme-court-short-list/","disqusTitle":"How California Judge Leondra Kruger Rose to Be on Biden's Supreme Court Short List","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/99c77d7b-e27a-480c-b56c-ae4401141916/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11905770/how-california-judge-leondra-kruger-rose-to-be-on-bidens-supreme-court-short-list","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Supreme Court Justice Leondra Kruger is hardly a household name. But to those who know her well, it is no surprise that she's on President Biden’s short list to fill the seat of retiring U.S. Supreme Court Justice Stephen Breyer.\u003c/p>\n\u003cp>When a vacancy on the California Supreme Court opened up in 2014, then-Gov. Jerry Brown spent months searching for a replacement. Kruger — then 38 years old — was living on the East Coast, working for the solicitor general’s office in the Obama Justice Department.\u003c/p>\n\u003cp>\"As soon as I met her, I was very impressed,\" Brown said in 2019 after he left office.\u003c/p>\n\u003cp>When Brown nominated her, there was some grumbling that he didn’t choose an attorney or judge practicing in California — a criticism Brown brushed off. \"I don’t think you’ve heard a peep of criticism,\" he said. \"[She's] very independent, very well reasoned, very well prepared.\"\u003c/p>\n\u003cp>Born and raised in Pasadena, Kruger graduated from Harvard before heading to Yale Law School. Common descriptions of her tend to say she's studious, serious and focused.\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>\"She's very quiet. She's reserved. She is, I think, more of a shy personality,\" said NYU School of Law professor Melissa Murray. Murray was at Yale when Kruger became editor-in-chief of the Yale Law Journal — the first Black woman to hold that prestigious position.\u003c/p>\n\u003cp>\"It was a really exciting moment, a real accomplishment, not just for her, but I think we all sort of took great pride in what she was able to accomplish,\" Murray recalled.\u003c/p>\n\u003cp>Murray said she and Kruger bonded at Yale over their common family background.\u003c/p>\n\u003cp>\"Her mother was from Jamaica. Both of my parents are from Jamaica, so I think we initially talked about that,\" Murray said. \"She had basically grown up in California in the Los Angeles area, the daughter of two doctors.\"\u003c/p>\n\u003cp>In 2014, Murray was teaching at Berkeley Law and heard the criticism when Brown picked Kruger — a Washington, D.C., lawyer instead of one working in California.\u003c/p>\n\u003cp>\"This wasn't a carpetbagging situation,\" Murray said. \"She was impeccably qualified and this was a governor who I think was incredibly determined to put his stamp on the judiciary. And he did.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_10386867","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>After graduating from Yale, Kruger clerked for U.S. Supreme Court Justice John Paul Stevens. UC Hastings law school professor Rory Little, who worked for Stevens years earlier, said Kruger has exactly the right temperament for the bench.\u003c/p>\n\u003cp>\"She's kind of unflappably gracious, but also incredibly smart, just incisively smart and perceptive,\" Little told KQED. \"To me, she's everything you might want in a judge.\"\u003c/p>\n\u003cp>As a state Supreme Court Justice, Kruger has held nuanced, sometimes cautious positions. When the court has been divided, she has often joined colleagues appointed by Democratic governors, but not always. Rory Little said Kruger does not look at cases through a political lens.\u003c/p>\n\u003cp>\"That is not who Leondra is,\" Little said. \"She is apolitical. I mean, I don't think anybody can find anything in her record where she comments on things politically.\"\u003c/p>\n\u003cp>Fatima Goss Graves, president and CEO of the National Women’s Law Center in Washington, also attended Yale with Kruger. She said having President Biden name a Black woman to the Supreme Court fills her with pride, whether it’s Kruger or someone else on the short list.\u003c/p>\n\u003cp>\"And part of that pride comes from the fact that we have long known many people who would have been well qualified and would have made the Supreme Court better, but who were never considered,\" Graves said.\u003c/p>\n\u003cp>There have already been misplaced criticisms from conservatives, who say that because Biden has committed to naming a Black woman that he’s somehow picking someone less qualified — a ridiculous notion given the credentials of the women he’s considering.\u003c/p>\n\u003cp>But Professor Little said no matter what they throw at her, Kruger will be ready.\u003c/p>\n\u003cp>\"She's not going to lose her cool during a Senate confirmation hearing and sort of lash out at the people on the panel. She's not that kind of person, no matter what they say,\" Little predicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Biden chooses her and she is confirmed, Kruger would be the youngest justice on the court at age 45. She would also join a short list of Supreme Court justices who came from state courts — a list that includes Arizona’s Sandra Day O’Connor and David Souter of New Hampshire.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11905770/how-california-judge-leondra-kruger-rose-to-be-on-bidens-supreme-court-short-list","authors":["255"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_30695","news_18538","news_548","news_30","news_717","news_30676","news_17968"],"featImg":"news_11905430","label":"news_72"},"news_11905429":{"type":"posts","id":"news_11905429","meta":{"index":"posts_1591205157","site":"news","id":"11905429","score":null,"sort":[1645051938000]},"guestAuthors":[],"slug":"leondra-kruger-a-star-on-californias-high-court-makes-bidens-supreme-court-short-list","title":"Leondra Kruger, a Star on California's High Court, Makes Biden's Supreme Court Short List","publishDate":1645051938,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Leondra Kruger has been a star in the legal profession for more than a decade. Though some Republicans have railed against President Biden's pledge to name a Black woman, calling it a \"quota,\" when it comes to qualifications Kruger has all the bells and whistles, if Biden names her to the Supreme Court.\u003c/p>\n\u003cp>Kruger, 45, has been a California Supreme Court justice since 2015, and prior to that served in the George W. Bush and Obama administrations in the solicitor general's office, rising to the position of acting principal deputy.\u003c/p>\n\u003cp>In 2013 she left that office to serve as deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel, which provides legal advice to the president and other executive branch agencies. While there, she twice received the attorney general's award for exceptional service, the department's \"highest award for employee performance.\" Her legal experience also includes two short stints at large law firms in Washington, D.C., and a year as a visiting professor at the University of Chicago Law School.\u003c/p>\n\u003cp>By 2021, she had amassed a legal reputation so distinguished that Attorney General Merrick Garland twice asked her to serve as solicitor general in the Biden administration, to no avail.\u003c/p>\n\u003ch2>Kruger's standout career\u003c/h2>\n\u003cp>Kruger's mother is an immigrant from Jamaica, and her late father was the Jewish son of Polish immigrants. Both parents were pediatricians, and her mother, now 80, is still in practice. Kruger was raised in Pasadena, then graduated with honors from Harvard College and went on to Yale Law School, where she was elected editor-in-chief of the law review, the first Black woman to hold that position. After law school, she held two judicial clerkships, the second for former U.S. Supreme Court Justice John Paul Stevens.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She is married to Brian Hauck, a lawyer, and the couple has two children, a son and a daughter.\u003c/p>\n\u003cp>At each point in her career, Kruger has been a standout, so much so that when she was 38, California Gov. Jerry Brown, himself a Yale Law School graduate, recruited her for an opening on the state Supreme Court, where he had once been a law clerk.\u003c/p>\n\u003cp>Brown was interested in building back the stature of the court, restoring the prestige it had in the 1960s and 1970s when it was widely viewed as one of the most respected and influential courts in the country. Kruger's name kept popping up in his search for the country's most extraordinary lawyers. Soon after interviewing her, he nominated her to fill a vacant seat on the court.\u003c/p>\n\u003cp>If Biden decides to nominate her to the nation's highest court, Kruger would be the first U.S. Supreme Court justice since Justice David Souter, appointed in 1990, whose principal prior judicial experience was on a state court. But she would not be the only woman from that legal background: The court's first female justice, Sandra Day O'Connor, was an intermediate-level state appeals court judge when President Ronald Reagan appointed her to the Supreme Court in 1981, carrying out a campaign pledge he made to name a woman if a vacancy occurred.\u003c/p>\n\u003ch2>At the center of the California Supreme Court\u003c/h2>\n\u003cp>Kruger's record on the California Supreme Court is, in many ways, much like the record of Justice Stephen Breyer, whose seat she would fill. In a \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-kruger-court-20180531-story.html\">2018 interview with The Los Angeles Times\u003c/a>, Kruger said she tries to do the job \"in a way that enhances the predictability and stability of the law.\"\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"leondra-kruger\"]\"Justice Kruger does not appear to be motivated by a partisan agenda; instead her opinions apply a rigorous analysis regardless of what the result favors,\" \u003ca href=\"http://scocablog.com/a-profile-of-california-supreme-court-justice-leondra-reid-kruger/\">concluded SCOCAblog\u003c/a>, which monitors California Supreme Court decisions and conducted a qualitative and quantitative analysis of her record between 2015 and 2021. The analysis, part of a project at UC Berkeley and Hastings law schools, concluded that Kruger was ideologically at the midpoint of the court, and that she was \"not aligned with any ideological coalition.\"\u003c/p>\n\u003cp>That said, SCOCAblog also found that she sided with criminal defendants slightly more often than with prosecutors. Conversely, the analysis found that in some cases Kruger has voted to affirm the death penalty, over the dissent of two of her more liberal colleagues.\u003c/p>\n\u003cp>Kruger has considered a large number of death penalty cases because state law provides an automatic appeal in capital cases. Most of these are uncontroversial and result in the court unanimously upholding the punishment.\u003c/p>\n\u003cp>Others may likewise be unanimous but more controversial because they reverse a death sentence in a high-profile case. For instance, in the case of Scott Peterson, who was convicted and sentenced to death for the 2002 murders of his pregnant wife and unborn child, Kruger wrote the decision for the unanimous court. Her opinion said that the trial judge had made \"a series of clear and significant errors in jury selection that, under long-standing U.S. Supreme Court precedent, undermined Peterson's right to an impartial jury at the penalty phase\" of the trial.\u003c/p>\n\u003cp>The SCOCAblog analysis found that in interpreting statutes, Kruger is not a \"strict textualist.\"\u003c/p>\n\u003cp>\"Justice Kruger has, for example, recognized that a statute should not be 'blindly and literally applied' when doing so would lead to an 'obvious injustice and a perversion of the legislative purpose,'\" the analysis found, describing her instead as an \"incrementalist,\" seeking to make \"narrow changes in the law rather than expansive rulings.\"\u003c/p>\n\u003ch2>An Obama-era case may dog her nomination\u003c/h2>\n\u003cp>If there is a sleeping dog for Republicans to probe in her record, it is one of the 12 cases she argued during her years in the solicitor general's office, a case that pitted the constitutional guarantee to the free exercise of religion against federal laws that bar discrimination based on race, sex or, in the particular case she argued, disability.\u003c/p>\n\u003cp>When the case reached the high court in 2012, lower courts had recognized something known as the \"ministerial exception,\" which protects churches and other religious groups from being sued for certain hiring and firing decisions that would otherwise violate the nation's antidiscrimination laws. But the Supreme Court itself had not yet recognized such an exception.\u003c/p>\n\u003cp>The case testing that proposition involved a lay teacher who had special religious training as a \"called\" teacher. \u003ca href=\"https://www.supremecourt.gov/opinions/11pdf/10-553.pdf\">She was fired after being diagnosed with narcolepsy.\u003c/a> The church maintained that such hiring and firing disputes must be decided within the church, while the Obama administration argued that in a case involving a lay teacher, even one with special religious training and ordained as a \"called teacher,\" there was no such automatic ministerial exception; furthermore, according to the administration's argument, the religion clauses of the Constitution — barring establishment of religion and guaranteeing free exercise — had only limited relevance when it came to laws banning discrimination.\u003c/p>\n\u003cp>Kruger argued the case in the Supreme Court, gamely defending the government's position even as the justices, both liberal and conservative, responded with incredulity. Twice, conservative Justice Antonin Scalia called her position \"extraordinary.\" And her one-time boss, Justice Kagan, called it \"amazing.\" Kruger remained poised and confident in her responses throughout, but in the end, she did not get a single vote.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2016/06/02/480378708/donald-verrilli-who-argued-groundbreaking-cases-for-the-government-stepping-down\">Donald Verrilli, the solicitor general at the time\u003c/a>, says the position Kruger took was his alone. \"If I had one thing I could take back from my years as solicitor general, it would be the position we took in that case,\" he said in an interview with NPR. \"It was the first decision I made when taking over in the summer of 2012, and I blew it. The fault was mine alone.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>For those who have worked in the solicitor general's office, that is a perfectly plausible, even likely, account. But Kruger was the acting principal deputy at the time, and you can be sure that if nominated in the coming weeks, her confirmation hearing will include a lengthy exploration of how much input, if any, she had in making the decision.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Leondra+Kruger%2C+a+star+on+California%27s+high+court%2C+is+on+Biden%27s+Supreme+Court+list&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"If there is a sleeping dog for Republicans to probe in her record, it is one of the 12 cases she argued during her years in the solicitor general's office.","status":"publish","parent":0,"modified":1645122333,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1369},"headData":{"title":"Leondra Kruger, a Star on California's High Court, Makes Biden's Supreme Court Short List | KQED","description":"If there is a sleeping dog for Republicans to probe in her record, it is one of the 12 cases she argued during her years in the solicitor general's office.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11905429 https://ww2.kqed.org/news/?p=11905429","disqusUrl":"https://ww2.kqed.org/news/2022/02/16/leondra-kruger-a-star-on-californias-high-court-makes-bidens-supreme-court-short-list/","disqusTitle":"Leondra Kruger, a Star on California's High Court, Makes Biden's Supreme Court Short List","source":"NPR","sourceUrl":"https://www.npr.org","nprImageCredit":"Jeff Chiu","nprByline":"Nina Totenberg","nprImageAgency":"AP","nprStoryId":"1079356063","nprApiLink":"http://api.npr.org/query?id=1079356063&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2022/02/15/1079356063/leondra-kruger-biden-supreme-court?ft=nprml&f=1079356063","nprRetrievedStory":"1","nprPubDate":"Wed, 16 Feb 2022 14:02:00 -0500","nprStoryDate":"Tue, 15 Feb 2022 11:32:33 -0500","nprLastModifiedDate":"Wed, 16 Feb 2022 14:02:24 -0500","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11905429/leondra-kruger-a-star-on-californias-high-court-makes-bidens-supreme-court-short-list","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Leondra Kruger has been a star in the legal profession for more than a decade. Though some Republicans have railed against President Biden's pledge to name a Black woman, calling it a \"quota,\" when it comes to qualifications Kruger has all the bells and whistles, if Biden names her to the Supreme Court.\u003c/p>\n\u003cp>Kruger, 45, has been a California Supreme Court justice since 2015, and prior to that served in the George W. Bush and Obama administrations in the solicitor general's office, rising to the position of acting principal deputy.\u003c/p>\n\u003cp>In 2013 she left that office to serve as deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel, which provides legal advice to the president and other executive branch agencies. While there, she twice received the attorney general's award for exceptional service, the department's \"highest award for employee performance.\" Her legal experience also includes two short stints at large law firms in Washington, D.C., and a year as a visiting professor at the University of Chicago Law School.\u003c/p>\n\u003cp>By 2021, she had amassed a legal reputation so distinguished that Attorney General Merrick Garland twice asked her to serve as solicitor general in the Biden administration, to no avail.\u003c/p>\n\u003ch2>Kruger's standout career\u003c/h2>\n\u003cp>Kruger's mother is an immigrant from Jamaica, and her late father was the Jewish son of Polish immigrants. Both parents were pediatricians, and her mother, now 80, is still in practice. Kruger was raised in Pasadena, then graduated with honors from Harvard College and went on to Yale Law School, where she was elected editor-in-chief of the law review, the first Black woman to hold that position. After law school, she held two judicial clerkships, the second for former U.S. Supreme Court Justice John Paul Stevens.\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>She is married to Brian Hauck, a lawyer, and the couple has two children, a son and a daughter.\u003c/p>\n\u003cp>At each point in her career, Kruger has been a standout, so much so that when she was 38, California Gov. Jerry Brown, himself a Yale Law School graduate, recruited her for an opening on the state Supreme Court, where he had once been a law clerk.\u003c/p>\n\u003cp>Brown was interested in building back the stature of the court, restoring the prestige it had in the 1960s and 1970s when it was widely viewed as one of the most respected and influential courts in the country. Kruger's name kept popping up in his search for the country's most extraordinary lawyers. Soon after interviewing her, he nominated her to fill a vacant seat on the court.\u003c/p>\n\u003cp>If Biden decides to nominate her to the nation's highest court, Kruger would be the first U.S. Supreme Court justice since Justice David Souter, appointed in 1990, whose principal prior judicial experience was on a state court. But she would not be the only woman from that legal background: The court's first female justice, Sandra Day O'Connor, was an intermediate-level state appeals court judge when President Ronald Reagan appointed her to the Supreme Court in 1981, carrying out a campaign pledge he made to name a woman if a vacancy occurred.\u003c/p>\n\u003ch2>At the center of the California Supreme Court\u003c/h2>\n\u003cp>Kruger's record on the California Supreme Court is, in many ways, much like the record of Justice Stephen Breyer, whose seat she would fill. In a \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-kruger-court-20180531-story.html\">2018 interview with The Los Angeles Times\u003c/a>, Kruger said she tries to do the job \"in a way that enhances the predictability and stability of the law.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"leondra-kruger"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"Justice Kruger does not appear to be motivated by a partisan agenda; instead her opinions apply a rigorous analysis regardless of what the result favors,\" \u003ca href=\"http://scocablog.com/a-profile-of-california-supreme-court-justice-leondra-reid-kruger/\">concluded SCOCAblog\u003c/a>, which monitors California Supreme Court decisions and conducted a qualitative and quantitative analysis of her record between 2015 and 2021. The analysis, part of a project at UC Berkeley and Hastings law schools, concluded that Kruger was ideologically at the midpoint of the court, and that she was \"not aligned with any ideological coalition.\"\u003c/p>\n\u003cp>That said, SCOCAblog also found that she sided with criminal defendants slightly more often than with prosecutors. Conversely, the analysis found that in some cases Kruger has voted to affirm the death penalty, over the dissent of two of her more liberal colleagues.\u003c/p>\n\u003cp>Kruger has considered a large number of death penalty cases because state law provides an automatic appeal in capital cases. Most of these are uncontroversial and result in the court unanimously upholding the punishment.\u003c/p>\n\u003cp>Others may likewise be unanimous but more controversial because they reverse a death sentence in a high-profile case. For instance, in the case of Scott Peterson, who was convicted and sentenced to death for the 2002 murders of his pregnant wife and unborn child, Kruger wrote the decision for the unanimous court. Her opinion said that the trial judge had made \"a series of clear and significant errors in jury selection that, under long-standing U.S. Supreme Court precedent, undermined Peterson's right to an impartial jury at the penalty phase\" of the trial.\u003c/p>\n\u003cp>The SCOCAblog analysis found that in interpreting statutes, Kruger is not a \"strict textualist.\"\u003c/p>\n\u003cp>\"Justice Kruger has, for example, recognized that a statute should not be 'blindly and literally applied' when doing so would lead to an 'obvious injustice and a perversion of the legislative purpose,'\" the analysis found, describing her instead as an \"incrementalist,\" seeking to make \"narrow changes in the law rather than expansive rulings.\"\u003c/p>\n\u003ch2>An Obama-era case may dog her nomination\u003c/h2>\n\u003cp>If there is a sleeping dog for Republicans to probe in her record, it is one of the 12 cases she argued during her years in the solicitor general's office, a case that pitted the constitutional guarantee to the free exercise of religion against federal laws that bar discrimination based on race, sex or, in the particular case she argued, disability.\u003c/p>\n\u003cp>When the case reached the high court in 2012, lower courts had recognized something known as the \"ministerial exception,\" which protects churches and other religious groups from being sued for certain hiring and firing decisions that would otherwise violate the nation's antidiscrimination laws. But the Supreme Court itself had not yet recognized such an exception.\u003c/p>\n\u003cp>The case testing that proposition involved a lay teacher who had special religious training as a \"called\" teacher. \u003ca href=\"https://www.supremecourt.gov/opinions/11pdf/10-553.pdf\">She was fired after being diagnosed with narcolepsy.\u003c/a> The church maintained that such hiring and firing disputes must be decided within the church, while the Obama administration argued that in a case involving a lay teacher, even one with special religious training and ordained as a \"called teacher,\" there was no such automatic ministerial exception; furthermore, according to the administration's argument, the religion clauses of the Constitution — barring establishment of religion and guaranteeing free exercise — had only limited relevance when it came to laws banning discrimination.\u003c/p>\n\u003cp>Kruger argued the case in the Supreme Court, gamely defending the government's position even as the justices, both liberal and conservative, responded with incredulity. Twice, conservative Justice Antonin Scalia called her position \"extraordinary.\" And her one-time boss, Justice Kagan, called it \"amazing.\" Kruger remained poised and confident in her responses throughout, but in the end, she did not get a single vote.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2016/06/02/480378708/donald-verrilli-who-argued-groundbreaking-cases-for-the-government-stepping-down\">Donald Verrilli, the solicitor general at the time\u003c/a>, says the position Kruger took was his alone. \"If I had one thing I could take back from my years as solicitor general, it would be the position we took in that case,\" he said in an interview with NPR. \"It was the first decision I made when taking over in the summer of 2012, and I blew it. The fault was mine alone.\"\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>For those who have worked in the solicitor general's office, that is a perfectly plausible, even likely, account. But Kruger was the acting principal deputy at the time, and you can be sure that if nominated in the coming weeks, her confirmation hearing will include a lengthy exploration of how much input, if any, she had in making the decision.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Leondra+Kruger%2C+a+star+on+California%27s+high+court%2C+is+on+Biden%27s+Supreme+Court+list&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11905429/leondra-kruger-a-star-on-californias-high-court-makes-bidens-supreme-court-short-list","authors":["byline_news_11905429"],"categories":["news_8","news_13"],"tags":["news_29052","news_548","news_30676","news_1172"],"featImg":"news_11905430","label":"source_news_11905429"},"news_11898302":{"type":"posts","id":"news_11898302","meta":{"index":"posts_1591205157","site":"news","id":"11898302","score":null,"sort":[1639170022000]},"guestAuthors":[],"slug":"how-the-gig-economy-changes-work-one-janitors-story","title":"How The “Gig Economy” Changes Work: One Janitor's Story","publishDate":1639170022,"format":"standard","headTitle":"The California Report Magazine | KQED News","labelTerm":{},"content":"\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" target=\"_blank\" rel=\"noopener noreferrer\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These days, It can be a lot harder to find what you might call a “good” job. The kind of job where a person is employed by one company and gets things like health insurance, paid sick days, and at least minimum wage. Today, all kinds of businesses from Uber to janitorial companies argue they’ve come up with something better: “gig work,” in which workers are independent contractors, not employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But some workers in California are pushing back against the “gig economy. \" After Jerry Vasquez started working as a janitor, with a business that promised he’d be his own boss, he began to question just how independent he really was.\u003c/span>\u003c/p>\n\u003cp>This week we’re talking with Krissy Clark, host of Marketplace’s documentary podcast “The Uncertain Hour.\" She features Jerry's story in her special series, “\u003ca href=\"https://www.marketplace.org/shows/the-uncertain-hour/\">\u003cspan class=\"s1\">This Thing We Used to Call Employment\u003c/span>\u003c/a>.” She says what happened to him could have a huge impact on the lives of hundreds of thousands of Americans, and our whole economy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"How can a worker in California, in the 21st century, get stuck making less than minimum wage?","status":"publish","parent":0,"modified":1639096848,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":201},"headData":{"title":"How The “Gig Economy” Changes Work: One Janitor's Story | KQED","description":"How can a worker in California, in the 21st century, get stuck making less than minimum wage?","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11898302 https://ww2.kqed.org/news/?p=11898302","disqusUrl":"https://ww2.kqed.org/news/2021/12/10/how-the-gig-economy-changes-work-one-janitors-story/","disqusTitle":"How The “Gig Economy” Changes Work: One Janitor's Story","source":"The California Report Magazine","sourceUrl":"https://www.kqed.org/news/tag/tcrmag/","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC1647232082.mp3?updated=1639096864","excludeFromSiteSearch":"Include","path":"/news/11898302/how-the-gig-economy-changes-work-one-janitors-story","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" target=\"_blank\" rel=\"noopener noreferrer\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These days, It can be a lot harder to find what you might call a “good” job. The kind of job where a person is employed by one company and gets things like health insurance, paid sick days, and at least minimum wage. Today, all kinds of businesses from Uber to janitorial companies argue they’ve come up with something better: “gig work,” in which workers are independent contractors, not employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But some workers in California are pushing back against the “gig economy. \" After Jerry Vasquez started working as a janitor, with a business that promised he’d be his own boss, he began to question just how independent he really was.\u003c/span>\u003c/p>\n\u003cp>This week we’re talking with Krissy Clark, host of Marketplace’s documentary podcast “The Uncertain Hour.\" She features Jerry's story in her special series, “\u003ca href=\"https://www.marketplace.org/shows/the-uncertain-hour/\">\u003cspan class=\"s1\">This Thing We Used to Call Employment\u003c/span>\u003c/a>.” She says what happened to him could have a huge impact on the lives of hundreds of thousands of Americans, and our whole economy.\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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11898302/how-the-gig-economy-changes-work-one-janitors-story","authors":["236"],"programs":["news_72","news_26731"],"categories":["news_1758"],"tags":["news_548","news_17994","news_30361","news_30359","news_19948","news_2938","news_30363","news_30360","news_30362","news_6387"],"featImg":"news_11898313","label":"source_news_11898302"},"news_11866532":{"type":"posts","id":"news_11866532","meta":{"index":"posts_1591205157","site":"news","id":"11866532","score":null,"sort":[1616715030000]},"guestAuthors":[],"slug":"state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","title":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It","publishDate":1616715030,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The state Supreme Court dealt a blow Thursday to California’s reliance on cash bail, ruling that judges can’t hold people before trial just because they can’t afford to pay for their release.\u003c/p>\n\u003cp>The court’s unanimous opinion finds that judges can’t simply rely on pre-determined bail amounts that functionally keep the less affluent behind bars, and concluded “that our Constitution prohibits pretrial detention to combat an arrestee’s risk of flight unless the court first finds, based upon clear and convincing evidence, that no condition or conditions of release can reasonably assure the arrestee’s appearance in court.”\u003c/p>\n\u003cp>The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in “wealth-based detention” that violates defendants’ equal protection and due process rights.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='USF law professor Lara Bazelon']'Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state.'[/pullquote]\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said the ruling is potentially a “watershed” moment that enforces a defendant’s presumption of innocence.\u003c/p>\n\u003cp>“Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state,” she said. “That’s important because we were getting disparate outcomes depending on who the DA was and what kind of jurisdiction the person was in.”\u003c/p>\n\u003cp>Judges must now consider whether other requirements — such as electronic monitoring, pretrial check-ins or addiction treatment — can reasonably ensure a defendant won’t reoffend or skip court. And while judges may still impose bail, it can only be set at an amount the defendant can afford.\u003c/p>\n\u003cp>Justices made the ruling in the case of Kenneth Humphrey, a now 66-year-old Black man who faced $350,000 bail in 2017, when he was charged in San Francisco with robbery after taking $5 and a bottle of cologne from a neighbor. Humphrey’s public defender argued in court that he couldn’t afford that bail, and was held in jail unconstitutionally.\u003c/p>\n\u003cp>“Humphrey asks whether it is constitutional to incarcerate a defendant solely because he lacks financial resources,” the opinion says. “We conclude it is not.”\u003c/p>\n\u003cp>The opinion written by Associate Justice Mariano-Florentino Cuéllar cites research finding that large urban counties in California incarcerate people pretrial at higher rates than elsewhere in the country. And in this state, bail isn’t cheap. The median bail amount in California is $50,000, over five times the national median.\u003c/p>\n\u003cp>“Today’s historic decision affirms that people like our client Kenneth Humphrey, who bravely fought for his pretrial freedom, can no longer be locked up in jail simply for being poor and when they pose no threat to public safety,\" said San Francisco Public Defender Mano Raju in a statement. [ad fullwidth]\u003c/p>\n\u003cp>The ruling is distinct from a recent failed attempt by state legislators to completely eliminate the use of cash bail in California.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB10\">Senate Bill 10\u003c/a>, signed into law in 2018, was overturned by referendum and subsequently \u003ca href=\"https://ballotpedia.org/California_Proposition_25,_Replace_Cash_Bail_with_Risk_Assessments_Referendum_(2020)\">rejected by voters\u003c/a> in the last election. The law split progressives, many of whom thought that it left too much discretion in the hands of trial judges to continue to jail people awaiting trial.\u003c/p>\n\u003cp>State Sen. Robert Hertzberg, D-Van Nuys, one of the authors of SB 10, said Thursday that he is “over the moon” with the high court’s ruling. He said judges can no longer rely on predetermined bail amounts, and must now “look at each person who’s sitting before that judge in the eye, looking at their facts, and making a determination instead of somebody being subject to a price list for their liberty.\" [aside tag=\"bail,bail-reform\" label=\"more coverage\"]\u003c/p>\n\u003cp>Hertzberg’s latest legislation on bail, currently in the state Senate, will do what the Supreme Court’s ruling does not, he said: lay out the details of exactly how busy trial courts will implement the constitutional requirements.\u003c/p>\n\u003cp>Among other changes, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB262\">Senate Bill 262\u003c/a> would set bail at zero dollars for all but the most serious charges, freeing trial courts to hold pretrial detention hearings only in cases that are a tougher call.\u003c/p>\n\u003cp>Some bail industry and police organizations oppose the bill.\u003c/p>\n\u003cp>“We are pleased to see that the opinion has ended up being both thoughtful and fair to all sides,” a spokesperson for the California Bail Agents Association said of the state Supreme Court’s ruling Thursday.\u003c/p>\n\u003cp>Bazelon, the USF law professor, said the ruling will go a long way toward addressing systemic inequality in the criminal justice system.\u003c/p>\n\u003cp>“This decision speaks to the criminalization of poverty, but I also think it’s very important to say this decision speaks to the criminalization of race,” she said. “Overwhelmingly, the people who are stopped, arrested and detained are people of color, often without the ability to pay. Those are the people generally who are not able to be released, not able to fight their case, not able to pay their rent, whose families spiral into a circle of poverty.”\u003c/p>\n\u003cp>She added that the ruling “takes that tool out of the mass incarceration tool box.”\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in 'wealth-based detention' that violates defendants’ equal protection and due process rights.","status":"publish","parent":0,"modified":1616719809,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":954},"headData":{"title":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It | KQED","description":"The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in 'wealth-based detention' that violates defendants’ equal protection and due process rights.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11866532 https://ww2.kqed.org/news/?p=11866532","disqusUrl":"https://ww2.kqed.org/news/2021/03/25/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it/","disqusTitle":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It","path":"/news/11866532/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The state Supreme Court dealt a blow Thursday to California’s reliance on cash bail, ruling that judges can’t hold people before trial just because they can’t afford to pay for their release.\u003c/p>\n\u003cp>The court’s unanimous opinion finds that judges can’t simply rely on pre-determined bail amounts that functionally keep the less affluent behind bars, and concluded “that our Constitution prohibits pretrial detention to combat an arrestee’s risk of flight unless the court first finds, based upon clear and convincing evidence, that no condition or conditions of release can reasonably assure the arrestee’s appearance in court.”\u003c/p>\n\u003cp>The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in “wealth-based detention” that violates defendants’ equal protection and due process rights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"USF law professor Lara Bazelon","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said the ruling is potentially a “watershed” moment that enforces a defendant’s presumption of innocence.\u003c/p>\n\u003cp>“Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state,” she said. “That’s important because we were getting disparate outcomes depending on who the DA was and what kind of jurisdiction the person was in.”\u003c/p>\n\u003cp>Judges must now consider whether other requirements — such as electronic monitoring, pretrial check-ins or addiction treatment — can reasonably ensure a defendant won’t reoffend or skip court. And while judges may still impose bail, it can only be set at an amount the defendant can afford.\u003c/p>\n\u003cp>Justices made the ruling in the case of Kenneth Humphrey, a now 66-year-old Black man who faced $350,000 bail in 2017, when he was charged in San Francisco with robbery after taking $5 and a bottle of cologne from a neighbor. Humphrey’s public defender argued in court that he couldn’t afford that bail, and was held in jail unconstitutionally.\u003c/p>\n\u003cp>“Humphrey asks whether it is constitutional to incarcerate a defendant solely because he lacks financial resources,” the opinion says. “We conclude it is not.”\u003c/p>\n\u003cp>The opinion written by Associate Justice Mariano-Florentino Cuéllar cites research finding that large urban counties in California incarcerate people pretrial at higher rates than elsewhere in the country. And in this state, bail isn’t cheap. The median bail amount in California is $50,000, over five times the national median.\u003c/p>\n\u003cp>“Today’s historic decision affirms that people like our client Kenneth Humphrey, who bravely fought for his pretrial freedom, can no longer be locked up in jail simply for being poor and when they pose no threat to public safety,\" said San Francisco Public Defender Mano Raju in a statement. \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 ruling is distinct from a recent failed attempt by state legislators to completely eliminate the use of cash bail in California.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB10\">Senate Bill 10\u003c/a>, signed into law in 2018, was overturned by referendum and subsequently \u003ca href=\"https://ballotpedia.org/California_Proposition_25,_Replace_Cash_Bail_with_Risk_Assessments_Referendum_(2020)\">rejected by voters\u003c/a> in the last election. The law split progressives, many of whom thought that it left too much discretion in the hands of trial judges to continue to jail people awaiting trial.\u003c/p>\n\u003cp>State Sen. Robert Hertzberg, D-Van Nuys, one of the authors of SB 10, said Thursday that he is “over the moon” with the high court’s ruling. He said judges can no longer rely on predetermined bail amounts, and must now “look at each person who’s sitting before that judge in the eye, looking at their facts, and making a determination instead of somebody being subject to a price list for their liberty.\" \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"bail,bail-reform","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hertzberg’s latest legislation on bail, currently in the state Senate, will do what the Supreme Court’s ruling does not, he said: lay out the details of exactly how busy trial courts will implement the constitutional requirements.\u003c/p>\n\u003cp>Among other changes, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB262\">Senate Bill 262\u003c/a> would set bail at zero dollars for all but the most serious charges, freeing trial courts to hold pretrial detention hearings only in cases that are a tougher call.\u003c/p>\n\u003cp>Some bail industry and police organizations oppose the bill.\u003c/p>\n\u003cp>“We are pleased to see that the opinion has ended up being both thoughtful and fair to all sides,” a spokesperson for the California Bail Agents Association said of the state Supreme Court’s ruling Thursday.\u003c/p>\n\u003cp>Bazelon, the USF law professor, said the ruling will go a long way toward addressing systemic inequality in the criminal justice system.\u003c/p>\n\u003cp>“This decision speaks to the criminalization of poverty, but I also think it’s very important to say this decision speaks to the criminalization of race,” she said. “Overwhelmingly, the people who are stopped, arrested and detained are people of color, often without the ability to pay. Those are the people generally who are not able to be released, not able to fight their case, not able to pay their rent, whose families spiral into a circle of poverty.”\u003c/p>\n\u003cp>She added that the ruling “takes that tool out of the mass incarceration tool box.”\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11866532/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_18821","news_24889","news_548","news_24036","news_38","news_959"],"featImg":"news_11866577","label":"news"},"news_11841064":{"type":"posts","id":"news_11841064","meta":{"index":"posts_1591205157","site":"news","id":"11841064","score":null,"sort":[1601942869000]},"guestAuthors":[],"slug":"newsom-appoints-first-openly-gay-justice-to-california-supreme-court","title":"Newsom Appoints First Openly Gay Justice to California Supreme Court","publishDate":1601942869,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Gov. Gavin Newsom on Monday appointed Martin Jenkins to the California Supreme Court, who if confirmed will become the first Black man on the court in 29 years and its first openly gay member.\u003c/p>\n\u003cp>Jenkins, 66, is the son of a janitor who became a prosecutor and then a judge, overseeing municipal, state and federal courts.\u003c/p>\n\u003cp>\"Anyone who knows me, knows my identity has been as a gay man, perhaps the greatest challenge of my life. And it has not been easy,\" he said during an online news conference Monday.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Martin Jenkins\"]'I am not here in spite of the struggle. I'm here \u003cem>because\u003c/em> of the struggle. It is deep in my character.'[/pullquote]\u003c/p>\n\u003cp>\"I am not here in spite of the struggle. I'm here \u003cem>because\u003c/em> of the struggle. It is deep in my character.\"\u003c/p>\n\u003cp>Acknowledging the significance of being the first openly gay member of California's highest court, Jenkins said he hoped the move would send a message to LGBT youth.\u003c/p>\n\u003cp>\"I want these young people to know that living a life of authenticity is the greatest gift you can give yourself,\" Jenkins said. \"And if you do that, you too will find yourself in a position where people see you. They \u003cem>really\u003c/em> see you and who you are, your authentic self and the extraordinary opportunity being offered today.\"\u003c/p>\n\u003cp>LGBT rights attorney Kate Kendell applauded the appointment, Newsom's first to the state's high court.\u003c/p>\n\u003cp>\"I love it. I think it's fantastic,\" she said. \"To see this justice representing the Black and gay communities is for every young LGBT person in California to be able to look to that court and see him or herself and know that the promise of justice is not empty, but real.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jenkins is a Democrat, but has been appointed to various courts over the years by the last three Republican governors. President Clinton named Jenkins to the U.S. District Court for the Northern District of California in 1997. He then served on the California Court of Appeal for the First District before retiring from the bench in 2019 to become Newsom's Judicial Appointments secretary.\u003c/p>\n\u003cp>\"Justice Jenkins is widely respected among lawyers and jurists, active in his Oakland community and his faith and is a decent man to his core,” Newsom said during Monday's announcement.\u003c/p>\n\u003cp>If confirmed, Jenkins will replace retired Supreme Court Justice Ming Chin, who stepped down at the end of August.\u003c/p>\n\u003cp>[aside postID=\"news_11821408,news_11793101,news_11770054\" label=\"related coverage\"]Jenkins attended San Francisco City College and earned his law degree from the University of San Francisco. He said his parents never would have imagined that he would be named to serve on the state's highest court.\u003c/p>\n\u003cp>\"They taught us respect for others, and as importantly, they taught us the value of serving others — public service, which my father modeled as a janitor at Coit Tower for well over 25 years,\" Jenkins said.\u003c/p>\n\u003cp>If confirmed, Jenkins will be the first Black man on the seven-member court since Allen Broussard retired in 1991. Associate Justice Leondra Kruger, appointed by former Gov. Jerry Brown, is also Black. Jenkins will be second oldest member of the court, behind Associate Justice Carol Corrigan, who is 72.\u003c/p>\n\u003cp>The nomination must now be confirmed by the Commission on Judicial Appointments, comprised of Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and senior Presiding Justice of the state Court of Appeal J. Anthony Kline.\u003c/p>\n\u003cp>Newsom predicted a quick confirmation and said Jenkins could join the court \"as soon as next month.\"\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Martin Jenkins, 66, would also be the first Black man to serve on the high court in 29 years.","status":"publish","parent":0,"modified":1601946822,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":603},"headData":{"title":"Newsom Appoints First Openly Gay Justice to California Supreme Court | KQED","description":"Martin Jenkins, 66, would also be the first Black man to serve on the high court in 29 years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11841064 https://ww2.kqed.org/news/?p=11841064","disqusUrl":"https://ww2.kqed.org/news/2020/10/05/newsom-appoints-first-openly-gay-justice-to-california-supreme-court/","disqusTitle":"Newsom Appoints First Openly Gay Justice to California Supreme Court","subhead":"Martin Jenkins would also be the first Black man on the court in 29 years.","path":"/news/11841064/newsom-appoints-first-openly-gay-justice-to-california-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom on Monday appointed Martin Jenkins to the California Supreme Court, who if confirmed will become the first Black man on the court in 29 years and its first openly gay member.\u003c/p>\n\u003cp>Jenkins, 66, is the son of a janitor who became a prosecutor and then a judge, overseeing municipal, state and federal courts.\u003c/p>\n\u003cp>\"Anyone who knows me, knows my identity has been as a gay man, perhaps the greatest challenge of my life. And it has not been easy,\" he said during an online news conference Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I am not here in spite of the struggle. I'm here \u003cem>because\u003c/em> of the struggle. It is deep in my character.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Martin Jenkins","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I am not here in spite of the struggle. I'm here \u003cem>because\u003c/em> of the struggle. It is deep in my character.\"\u003c/p>\n\u003cp>Acknowledging the significance of being the first openly gay member of California's highest court, Jenkins said he hoped the move would send a message to LGBT youth.\u003c/p>\n\u003cp>\"I want these young people to know that living a life of authenticity is the greatest gift you can give yourself,\" Jenkins said. \"And if you do that, you too will find yourself in a position where people see you. They \u003cem>really\u003c/em> see you and who you are, your authentic self and the extraordinary opportunity being offered today.\"\u003c/p>\n\u003cp>LGBT rights attorney Kate Kendell applauded the appointment, Newsom's first to the state's high court.\u003c/p>\n\u003cp>\"I love it. I think it's fantastic,\" she said. \"To see this justice representing the Black and gay communities is for every young LGBT person in California to be able to look to that court and see him or herself and know that the promise of justice is not empty, but real.\"\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>Jenkins is a Democrat, but has been appointed to various courts over the years by the last three Republican governors. President Clinton named Jenkins to the U.S. District Court for the Northern District of California in 1997. He then served on the California Court of Appeal for the First District before retiring from the bench in 2019 to become Newsom's Judicial Appointments secretary.\u003c/p>\n\u003cp>\"Justice Jenkins is widely respected among lawyers and jurists, active in his Oakland community and his faith and is a decent man to his core,” Newsom said during Monday's announcement.\u003c/p>\n\u003cp>If confirmed, Jenkins will replace retired Supreme Court Justice Ming Chin, who stepped down at the end of August.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11821408,news_11793101,news_11770054","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Jenkins attended San Francisco City College and earned his law degree from the University of San Francisco. He said his parents never would have imagined that he would be named to serve on the state's highest court.\u003c/p>\n\u003cp>\"They taught us respect for others, and as importantly, they taught us the value of serving others — public service, which my father modeled as a janitor at Coit Tower for well over 25 years,\" Jenkins said.\u003c/p>\n\u003cp>If confirmed, Jenkins will be the first Black man on the seven-member court since Allen Broussard retired in 1991. Associate Justice Leondra Kruger, appointed by former Gov. Jerry Brown, is also Black. Jenkins will be second oldest member of the court, behind Associate Justice Carol Corrigan, who is 72.\u003c/p>\n\u003cp>The nomination must now be confirmed by the Commission on Judicial Appointments, comprised of Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and senior Presiding Justice of the state Court of Appeal J. Anthony Kline.\u003c/p>\n\u003cp>Newsom predicted a quick confirmation and said Jenkins could join the court \"as soon as next month.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11841064/newsom-appoints-first-openly-gay-justice-to-california-supreme-court","authors":["255"],"categories":["news_6188","news_8","news_13"],"tags":["news_28636","news_548","news_16","news_28633"],"featImg":"news_11841094","label":"news"},"news_11821408":{"type":"posts","id":"news_11821408","meta":{"index":"posts_1591205157","site":"news","id":"11821408","score":null,"sort":[1590700378000]},"guestAuthors":[],"slug":"state-supreme-court-limits-what-agencies-can-charge-to-release-police-body-cam-video","title":"State High Court to Cops: No, You Can't Charge $3,000 for Body Camera Videos","publishDate":1590700378,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The state Supreme Court ruled Thursday that public agencies cannot charge for staff time and technical costs in preparing multimedia materials they’re required to release under the California Public Records Act. \u003c/p>\n\u003cp>The landmark ruling, which centers on the costs agencies have charged for redacting sensitive information from multimedia files, came in a lawsuit filed by the National Lawyers Guild against the city of Hayward. The decision promises to dramatically increase public access to police body camera footage among other audio and video files.\u003c/p>\n\u003cp>\"The court drew a bright line,\" said attorney Amitai Schwartz, who represented the National Lawyers Guild. \"We’re very happy with it.\"\u003c/p>\n\u003cp>The case goes back to early 2015, when the guild’s Bay Area chapter requested records related to Hayward officers’ behavior during \u003ca href=\"https://www.kqed.org/news/10556556/berkeley-cops-protest-tactic-getum-running\" rel=\"noopener noreferrer\" target=\"_blank\">Black Lives Matter protests\u003c/a> in Berkeley.\u003c/p>\n\u003cp>Hayward eventually provided the videos, after struggling to figure out a way to remove parts of the footage that were exempt from disclosure. For instance, a public agency can withhold video that captures officers discussing tactics.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hayward sought to charge the lawyers guild $3,000 for the time two employees spent preparing the video.\u003c/p>\n\u003cp>The guild challenged those costs in court, arguing that an agency may only pass on the direct cost to duplicate a record under the Public Records Act. For paper records, those charges can include costs for paper and toner, for instance, but not for time spent blacking out any portion of a document.\u003c/p>\n\u003cp>However, the Public Records Act was amended in 2000 to allow agencies to charge for responses that require “data compilation, extraction, or programming.” Hayward argued that redacting the videos was akin to “extracting” information from them. The National Lawyers Guild argued the provision was meant to include situations where agencies produce parts of databases — a task that may require computer programming — but not redaction.\u003c/p>\n\u003cp>“The question here is what the Legislature meant by the term ‘extraction,’ ” the ruling by Justice Leondra Kruger says.\u003c/p>\n\u003cp>The opinion continues:\u003c/p>\n\u003cblockquote>\u003cp>“[T]he term ‘extraction’ does not cover every process that might be colloquially described as ‘taking information out.’ It does not, for example, cover time spent searching for responsive records in an email inbox or a computer’s documents folder. Just as agencies cannot recover the costs of searching through a filing cabinet for paper records, they cannot recover comparable costs for electronic records. Nor, for similar reasons, does ‘extraction’ cover the cost of redacting exempt data from otherwise producible electronic records.”\u003c/p>\u003c/blockquote>\n\u003cp>The ruling is much more than an affirmation for those advocating for increased access to public records, and its reach goes far beyond Hayward's body camera videos from 2014.\u003c/p>\n\u003cp>\"As we see from the police killing of George Floyd in Minneapolis just this week, and other killings, police violence is as much of an issue today as it was in 2014 when we requested this body camera video,\" said Rachel Lederman, a civil rights attorney and former head of the National Lawyers Guild's Bay Area Chapter. \"This is a great ruling.\"\u003c/p>\n\u003cp>It’s likely to change the landscape regarding access to police body camera footage and other internal law enforcement files that must be released under two recent state laws that grant \u003ca href=\"https://www.kqed.org/policerecords\" rel=\"noopener noreferrer\" target=\"_blank\">broader public access\u003c/a>, Senate Bill 1421 and Assembly Bill 748.\u003c/p>\n\u003cp>The laws both took effect last year. SB 1421 requires police agencies, for the first time in 40 years, to provide records from internal investigations into serious uses of force by law enforcement officers. It similarly requires police agencies to disclose records from misconduct investigations involving allegations of sexual assault and dishonesty against officers. Those investigations often include multimedia files, including audio recordings of interrogations and video from surveillance cameras and body cameras.[aside tag=\"police-records\" label=\"California's Secret Police Files\" heroLink=\"https://www.kqed.org/policerecords\"]\u003c/p>\n\u003cp>AB 748 generally requires law enforcement agencies to release video of “critical incidents,” including police shootings, within 45 days.\u003c/p>\n\u003cp>Over the past year, many law enforcement agencies have provided those files at reasonable or no cost. But some have not.\u003c/p>\n\u003cp>In response to records requests from a \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">coalition of news organizations\u003c/a>, including KQED, the Bakersfield Police Department has provided text documents related to nearly 40 police shootings, 65 additional serious uses of force, seven investigations into officer dishonesty and two sexual assault cases. KQED was among 33 news organizations represented by the \u003ca href=\"https://www.rcfp.org/briefs-comments/national-lawyers-guild-v-city-of-hayward-california-court-of-appeal/\" rel=\"noopener noreferrer\" target=\"_blank\">Reporters Committee for Freedom of the Press\u003c/a> that filed a \u003ca href=\"https://www.rcfp.org/wp-content/uploads/2019/05/2019-05-31-NLG-v-Hayward-CA-Supreme-Court.pdf\" rel=\"noopener noreferrer\" target=\"_blank\">brief\u003c/a> to the Supreme Court supporting the National Lawyers Guild's position.\u003c/p>\n\u003cp>Citing the provision of state law at issue in the National Lawyers Guild case, Bakersfield quoted a cost of $110.36 per hour of multimedia content, estimating that each shooting case contained an average of 15 hours of audio or video files. Therefore, obtaining video from any incident would cost requestors an estimated $6,621.60, or more than $250,000 just for the shooting cases. The news organizations could not afford to pay, and the files remain hidden from public view.\u003c/p>\n\u003cp>The Supreme Court ruling Thursday appears to prohibit that charge. The court likens preparation of such videos for production to redacting text records.\u003c/p>\n\u003cp>“[I]n video-editing terms, what (Hayward) did was not substantively different from using an electronic tool to draw black boxes over exempt material contained in a document in electronic format,” the ruling says. “What (Hayward) did was simply perform redactions of an otherwise producible record, albeit through technologically more advanced means.”\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Read the opinion below.\u003c/em>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/6931636-NLG-v-City-of-Hayward-Option-May-28-2020.html\" responsive=true text=false]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The ruling likens redacting video to drawing black boxes over sensitive information in paper documents and puts an end to agencies charging thousands of dollars to release police body camera footage and other multimedia records.","status":"publish","parent":0,"modified":1601943256,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1009},"headData":{"title":"State High Court to Cops: No, You Can't Charge $3,000 for Body Camera Videos | KQED","description":"The ruling likens redacting video to drawing black boxes over sensitive information in paper documents and puts an end to agencies charging thousands of dollars to release police body camera footage and other multimedia records.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11821408 https://ww2.kqed.org/news/?p=11821408","disqusUrl":"https://ww2.kqed.org/news/2020/05/28/state-supreme-court-limits-what-agencies-can-charge-to-release-police-body-cam-video/","disqusTitle":"State High Court to Cops: No, You Can't Charge $3,000 for Body Camera Videos","path":"/news/11821408/state-supreme-court-limits-what-agencies-can-charge-to-release-police-body-cam-video","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The state Supreme Court ruled Thursday that public agencies cannot charge for staff time and technical costs in preparing multimedia materials they’re required to release under the California Public Records Act. \u003c/p>\n\u003cp>The landmark ruling, which centers on the costs agencies have charged for redacting sensitive information from multimedia files, came in a lawsuit filed by the National Lawyers Guild against the city of Hayward. The decision promises to dramatically increase public access to police body camera footage among other audio and video files.\u003c/p>\n\u003cp>\"The court drew a bright line,\" said attorney Amitai Schwartz, who represented the National Lawyers Guild. \"We’re very happy with it.\"\u003c/p>\n\u003cp>The case goes back to early 2015, when the guild’s Bay Area chapter requested records related to Hayward officers’ behavior during \u003ca href=\"https://www.kqed.org/news/10556556/berkeley-cops-protest-tactic-getum-running\" rel=\"noopener noreferrer\" target=\"_blank\">Black Lives Matter protests\u003c/a> in Berkeley.\u003c/p>\n\u003cp>Hayward eventually provided the videos, after struggling to figure out a way to remove parts of the footage that were exempt from disclosure. For instance, a public agency can withhold video that captures officers discussing tactics.\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>Hayward sought to charge the lawyers guild $3,000 for the time two employees spent preparing the video.\u003c/p>\n\u003cp>The guild challenged those costs in court, arguing that an agency may only pass on the direct cost to duplicate a record under the Public Records Act. For paper records, those charges can include costs for paper and toner, for instance, but not for time spent blacking out any portion of a document.\u003c/p>\n\u003cp>However, the Public Records Act was amended in 2000 to allow agencies to charge for responses that require “data compilation, extraction, or programming.” Hayward argued that redacting the videos was akin to “extracting” information from them. The National Lawyers Guild argued the provision was meant to include situations where agencies produce parts of databases — a task that may require computer programming — but not redaction.\u003c/p>\n\u003cp>“The question here is what the Legislature meant by the term ‘extraction,’ ” the ruling by Justice Leondra Kruger says.\u003c/p>\n\u003cp>The opinion continues:\u003c/p>\n\u003cblockquote>\u003cp>“[T]he term ‘extraction’ does not cover every process that might be colloquially described as ‘taking information out.’ It does not, for example, cover time spent searching for responsive records in an email inbox or a computer’s documents folder. Just as agencies cannot recover the costs of searching through a filing cabinet for paper records, they cannot recover comparable costs for electronic records. Nor, for similar reasons, does ‘extraction’ cover the cost of redacting exempt data from otherwise producible electronic records.”\u003c/p>\u003c/blockquote>\n\u003cp>The ruling is much more than an affirmation for those advocating for increased access to public records, and its reach goes far beyond Hayward's body camera videos from 2014.\u003c/p>\n\u003cp>\"As we see from the police killing of George Floyd in Minneapolis just this week, and other killings, police violence is as much of an issue today as it was in 2014 when we requested this body camera video,\" said Rachel Lederman, a civil rights attorney and former head of the National Lawyers Guild's Bay Area Chapter. \"This is a great ruling.\"\u003c/p>\n\u003cp>It’s likely to change the landscape regarding access to police body camera footage and other internal law enforcement files that must be released under two recent state laws that grant \u003ca href=\"https://www.kqed.org/policerecords\" rel=\"noopener noreferrer\" target=\"_blank\">broader public access\u003c/a>, Senate Bill 1421 and Assembly Bill 748.\u003c/p>\n\u003cp>The laws both took effect last year. SB 1421 requires police agencies, for the first time in 40 years, to provide records from internal investigations into serious uses of force by law enforcement officers. It similarly requires police agencies to disclose records from misconduct investigations involving allegations of sexual assault and dishonesty against officers. Those investigations often include multimedia files, including audio recordings of interrogations and video from surveillance cameras and body cameras.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","label":"California's Secret Police Files ","herolink":"https://www.kqed.org/policerecords"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>AB 748 generally requires law enforcement agencies to release video of “critical incidents,” including police shootings, within 45 days.\u003c/p>\n\u003cp>Over the past year, many law enforcement agencies have provided those files at reasonable or no cost. But some have not.\u003c/p>\n\u003cp>In response to records requests from a \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">coalition of news organizations\u003c/a>, including KQED, the Bakersfield Police Department has provided text documents related to nearly 40 police shootings, 65 additional serious uses of force, seven investigations into officer dishonesty and two sexual assault cases. KQED was among 33 news organizations represented by the \u003ca href=\"https://www.rcfp.org/briefs-comments/national-lawyers-guild-v-city-of-hayward-california-court-of-appeal/\" rel=\"noopener noreferrer\" target=\"_blank\">Reporters Committee for Freedom of the Press\u003c/a> that filed a \u003ca href=\"https://www.rcfp.org/wp-content/uploads/2019/05/2019-05-31-NLG-v-Hayward-CA-Supreme-Court.pdf\" rel=\"noopener noreferrer\" target=\"_blank\">brief\u003c/a> to the Supreme Court supporting the National Lawyers Guild's position.\u003c/p>\n\u003cp>Citing the provision of state law at issue in the National Lawyers Guild case, Bakersfield quoted a cost of $110.36 per hour of multimedia content, estimating that each shooting case contained an average of 15 hours of audio or video files. Therefore, obtaining video from any incident would cost requestors an estimated $6,621.60, or more than $250,000 just for the shooting cases. The news organizations could not afford to pay, and the files remain hidden from public view.\u003c/p>\n\u003cp>The Supreme Court ruling Thursday appears to prohibit that charge. The court likens preparation of such videos for production to redacting text records.\u003c/p>\n\u003cp>“[I]n video-editing terms, what (Hayward) did was not substantively different from using an electronic tool to draw black boxes over exempt material contained in a document in electronic format,” the ruling says. “What (Hayward) did was simply perform redactions of an otherwise producible record, albeit through technologically more advanced means.”\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Read the opinion below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/6931636-NLG-v-City-of-Hayward-Option-May-28-2020.html","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11821408/state-supreme-court-limits-what-agencies-can-charge-to-release-police-body-cam-video","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_548","news_1037","news_24767","news_24778"],"featImg":"news_11616117","label":"news"},"news_11814049":{"type":"posts","id":"news_11814049","meta":{"index":"posts_1591205157","site":"news","id":"11814049","score":null,"sort":[1587689155000]},"guestAuthors":[],"slug":"conservative-group-sues-gov-newsom-over-coronavirus-relief-for-undocumented-workers","title":"Conservative Group Sues Gov. Newsom Over Coronavirus Relief for Undocumented Workers","publishDate":1587689155,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A conservative legal group asked the California Supreme Court Thursday to block Gov. Gavin Newsom from using state funds to help undocumented immigrants impacted by the coronavirus crisis.\u003c/p>\n\u003cp>The nonprofit Center for American Liberty, whose CEO is Republican party official Harmeet Dhillon, filed an emergency \u003ca href=\"https://libertycenter.org/wp-content/uploads/2020/04/20200422_Benitez_Writ_Petition_Final.pdf\">petition\u003c/a> alleging that the governor’s plan to put $75 million into a state \u003ca href=\"https://www.immigrantfundca.org/\">disaster relief fund for undocumented workers\u003c/a> hard hit by job losses is illegal.\u003c/p>\n\u003cp>Newsom announced the fund on April 15, which he said would be supplemented with $50 million in private donations, and would help provide one-time $500 grants to about 150,000 unauthorized workers who are not eligible for unemployment insurance or federal stimulus checks.\u003c/p>\n\u003cp>“California is the most diverse state in the nation. Our diversity makes us stronger and more resilient,” Newsom said last week in \u003ca href=\"https://www.gov.ca.gov/2020/04/15/governor-newsom-announces-new-initiatives-to-support-california-workers-impacted-by-covid-19/\">announcing\u003c/a> the first-in-the nation fund. “Every Californian, including our undocumented neighbors and friends, should know that California is here to support them during this crisis. We are all in this together.”\u003c/p>\n\u003cp>The funds will be dispersed “through a community-based model of regional nonprofits with expertise and experience serving undocumented communities,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Thursday’s petition asks the court to stop the California Department of Finance from distributing the funds on the grounds that doing so will cause “irreparable injury” to California taxpayers.\u003c/p>\n\u003cp>“This is taxpayer money that may only be appropriated by the legislative branch,” Dhillon said. “This is not a slush fund for the governor to spend as he sees fit.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]The lawsuit questions the legality of distributing public funds through nonprofit groups, as the governor's plan would do, and questions the legality of giving what it referred to as “unemployment benefits” to people who aren't legally authorized to work.\u003c/p>\n\u003cp>In announcing the fund, however, Newsom did not refer to the money as unemployment insurance, and the finance director’s request for the appropriation called it a “a one-time disaster cash benefit to assist undocumented immigrants negatively impacted by COVID-19.”\u003c/p>\n\u003cp>Jesse Melgar, a spokesman for Newsom, called the action “legally justified and morally necessary.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“These actions benefit public health and the economic well-being of families and communities hit hardest by this pandemic,” Melgar said. “We look forward to defending what we know to be right in court.”\u003c/p>\n\n","blocks":[],"excerpt":"A conservative group's lawsuit contends that aid for out-of-work unauthorized immigrants is illegal.","status":"publish","parent":0,"modified":1587695763,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":417},"headData":{"title":"Conservative Group Sues Gov. Newsom Over Coronavirus Relief for Undocumented Workers | KQED","description":"A conservative group's lawsuit contends that aid for out-of-work unauthorized immigrants is illegal.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11814049 https://ww2.kqed.org/news/?p=11814049","disqusUrl":"https://ww2.kqed.org/news/2020/04/23/conservative-group-sues-gov-newsom-over-coronavirus-relief-for-undocumented-workers/","disqusTitle":"Conservative Group Sues Gov. Newsom Over Coronavirus Relief for Undocumented Workers","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2020/04/HendricksUndocumentedCourt.mp3","path":"/news/11814049/conservative-group-sues-gov-newsom-over-coronavirus-relief-for-undocumented-workers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A conservative legal group asked the California Supreme Court Thursday to block Gov. Gavin Newsom from using state funds to help undocumented immigrants impacted by the coronavirus crisis.\u003c/p>\n\u003cp>The nonprofit Center for American Liberty, whose CEO is Republican party official Harmeet Dhillon, filed an emergency \u003ca href=\"https://libertycenter.org/wp-content/uploads/2020/04/20200422_Benitez_Writ_Petition_Final.pdf\">petition\u003c/a> alleging that the governor’s plan to put $75 million into a state \u003ca href=\"https://www.immigrantfundca.org/\">disaster relief fund for undocumented workers\u003c/a> hard hit by job losses is illegal.\u003c/p>\n\u003cp>Newsom announced the fund on April 15, which he said would be supplemented with $50 million in private donations, and would help provide one-time $500 grants to about 150,000 unauthorized workers who are not eligible for unemployment insurance or federal stimulus checks.\u003c/p>\n\u003cp>“California is the most diverse state in the nation. Our diversity makes us stronger and more resilient,” Newsom said last week in \u003ca href=\"https://www.gov.ca.gov/2020/04/15/governor-newsom-announces-new-initiatives-to-support-california-workers-impacted-by-covid-19/\">announcing\u003c/a> the first-in-the nation fund. “Every Californian, including our undocumented neighbors and friends, should know that California is here to support them during this crisis. We are all in this together.”\u003c/p>\n\u003cp>The funds will be dispersed “through a community-based model of regional nonprofits with expertise and experience serving undocumented communities,” he 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>Thursday’s petition asks the court to stop the California Department of Finance from distributing the funds on the grounds that doing so will cause “irreparable injury” to California taxpayers.\u003c/p>\n\u003cp>“This is taxpayer money that may only be appropriated by the legislative branch,” Dhillon said. “This is not a slush fund for the governor to spend as he sees fit.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The lawsuit questions the legality of distributing public funds through nonprofit groups, as the governor's plan would do, and questions the legality of giving what it referred to as “unemployment benefits” to people who aren't legally authorized to work.\u003c/p>\n\u003cp>In announcing the fund, however, Newsom did not refer to the money as unemployment insurance, and the finance director’s request for the appropriation called it a “a one-time disaster cash benefit to assist undocumented immigrants negatively impacted by COVID-19.”\u003c/p>\n\u003cp>Jesse Melgar, a spokesman for Newsom, called the action “legally justified and morally necessary.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“These actions benefit public health and the economic well-being of families and communities hit hardest by this pandemic,” Melgar said. “We look forward to defending what we know to be right in court.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11814049/conservative-group-sues-gov-newsom-over-coronavirus-relief-for-undocumented-workers","authors":["259"],"categories":["news_1169","news_8","news_13"],"tags":["news_548","news_27350","news_27504","news_21640","news_16","news_20359","news_20202","news_244","news_27765"],"featImg":"news_11814081","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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