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Email: \u003ca href=\"mailto:pshuler@kqed.org\">pshuler@kqed.org\u003c/a>","avatar":"https://secure.gravatar.com/avatar/4bcbeaf7cf49fec98284db283a33a47b?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["contributor"]}],"headData":{"title":"Peter Jon Shuler | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/4bcbeaf7cf49fec98284db283a33a47b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4bcbeaf7cf49fec98284db283a33a47b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/peterjonshuler"},"mlagos":{"type":"authors","id":"3239","meta":{"index":"authors_1591205172","id":"3239","found":true},"name":"Marisa Lagos","firstName":"Marisa","lastName":"Lagos","slug":"mlagos","email":"mlagos@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Marisa Lagos is a correspondent for KQED’s California Politics and Government Desk and co-hosts a weekly show and podcast, \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown.\u003c/span>\u003c/i> \u003cspan style=\"font-weight: 400;\">At KQED, Lagos conducts reporting, analysis and investigations into state, local and national politics for radio, TV and online. Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"},"jsmall":{"type":"authors","id":"6625","meta":{"index":"authors_1591205172","id":"6625","found":true},"name":"Julie Small","firstName":"Julie","lastName":"Small","slug":"jsmall","email":"jsmall@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Julie Small reports on criminal justice and immigration.\r\n\r\nShe was part of a team at KQED awarded a regional 2019 Edward R. Murrow award for continuing coverage of the Trump Administration's family separation policy.\r\n\r\nThe Society for Professional Journalists recognized Julie's 2018 \u003ca href=\"https://www.kqed.org/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident\">reporting\u003c/a> on the San Joaquin County Sheriff's \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">interference\u003c/a> in death investigations with an Excellence in Journalism Award for Ongoing Coverage.\r\n\r\nJulie's\u003ca href=\"https://www.kqed.org/news/11039666/two-mentally-ill-inmates-died-one-month-in-santa-clara\"> reporting\u003c/a> with Lisa Pickoff-White on the treatment of mentally ill offenders in California jails earned a 2017 regional Edward R. Murrow Award for news reporting and an investigative reporting award from the SPJ of Northern California.\r\n\r\nBefore joining KQED, Julie covered government and politics in Sacramento for Southern California Public Radio (SCPR). Her 2010 \u003ca href=\"https://www.scpr.org/specials/prisonmedical/\">series\u003c/a> on lapses in California’s prison medical care also won a regional Edward R. Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"susanneilson":{"type":"authors","id":"11682","meta":{"index":"authors_1591205172","id":"11682","found":true},"name":"Susie Neilson","firstName":"Susie","lastName":"Neilson","slug":"susanneilson","email":"susancneilson@gmail.com","display_author_email":false,"staff_mastheads":[],"title":"Reporter","bio":null,"avatar":"https://secure.gravatar.com/avatar/d422ff3bffd477c6102a00a47ff09ded?s=600&d=blank&r=g","twitter":"susieneilson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Susie Neilson | KQED","description":"Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/d422ff3bffd477c6102a00a47ff09ded?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/d422ff3bffd477c6102a00a47ff09ded?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/susanneilson"}},"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_11902140":{"type":"posts","id":"news_11902140","meta":{"index":"posts_1591205157","site":"news","id":"11902140","score":null,"sort":[1642800444000]},"guestAuthors":[],"slug":"he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","publishDate":1642800444,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>[dropcap]E[/dropcap]ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","status":"publish","parent":0,"modified":1643737516,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":166,"wordCount":6985},"headData":{"title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers | KQED","description":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","datePublished":"2022-01-21T21:27:24.000Z","dateModified":"2022-02-01T17:45:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11902140 https://ww2.kqed.org/news/?p=11902140","disqusUrl":"https://ww2.kqed.org/news/2022/01/21/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers/","disqusTitle":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f2cab76e-aeb1-4c5e-b156-ae24017629ad/audio.mp3","nprByline":"\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'He has always told me that a restraining order is not bulletproof and that he will find me.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Calley Garay, in court documents","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11898155,news_11890534,news_11877217","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\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>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","authors":["byline_news_11902140"],"programs":["news_26731"],"categories":["news_6188","news_8"],"tags":["news_3144","news_18538","news_30537","news_17825","news_18283","news_17759","news_30536","news_19903","news_3574"],"affiliates":["news_18481"],"featImg":"news_11902156","label":"news_26731"},"news_11807632":{"type":"posts","id":"news_11807632","meta":{"index":"posts_1591205157","site":"news","id":"11807632","score":null,"sort":[1584711170000]},"guestAuthors":[],"slug":"from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus","title":"From Arrests to Trials and Jails, Bay Area’s Criminal Justice System Reels in Age of Coronavirus","publishDate":1584711170,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Jury trials across the Bay Area have been postponed. Local jails are closed to visitors. Inmate advocates are calling for the large-scale release of people who don’t pose a threat to public safety. From new arrests to early releases, the threat of COVID-19 is affecting every stage of the criminal justice system.\u003c/p>\n\u003cp>Local law enforcement said they are focusing primarily on high-priority calls for service, those that involve serious crimes in progress. Arrests are still being made, but at least some departments said they are leaning more heavily on their authority to cite and release people for lower-level offenses — rather than booking them — to limit the jail population.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Dr. Juliana Morris, Do No Harm Coalition\"]'It’s really only a matter of time until the disease reaches Santa Rita Jail ... It’s a public health nightmare waiting to happen.'[/pullquote]\u003c/p>\n\u003cp>“For example, someone driving on a suspended license or in possession of a controlled substance” might just get a citation right now, said Sgt. Juan Valencia of the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>Santa Clara County suspended its policy of criminally charging people after \u003ca href=\"https://www.mercurynews.com/2019/06/13/exclusive-santa-clara-county-da-will-stop-filing-charges-in-most-minor-drug-cases/\" target=\"_blank\" rel=\"noopener noreferrer\">their third recreational drug offense\u003c/a>, which Assistant District Attorney David Angel estimated could keep an additional 500 people out of its jails.\u003c/p>\n\u003cp>So far, no local jails have reported a known case of COVID-19. But Sgt. Michael Low of the Santa Clara County Sheriff’s Office confirmed Thursday that an inmate at their Elmwood Correctional Facility died after an unknown illness.\u003c/p>\n\u003cp>\"The medical examiner will be conducting additional testing to see if COVID-19 was a factor,” Low wrote in an email.\u003c/p>\n\u003cp>By their nature, jails house a large number of people in a confined space, making preventive measures like social distancing difficult to implement. Inmate rights advocates, jail officials and public health officials are expressing concern about the possibility of the coronavirus spreading rapidly through incarcerated populations.\u003c/p>\n\u003cp>Alameda County Sheriff Gregory Ahern said Wednesday that the potential for an outbreak inside Santa Rita Jail is “a major concern.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Contra Costa County Public Defender Robin Lipetzky said while it’s fortunate no jail cases of COVID-19 have been reported yet, “that is not surprising given that the population is not being tested. Given what we know medically about the spread of the coronavirus, we believe that many people are being needlessly exposed to the virus in custody.”\u003c/p>\n\u003cp>Like public defenders in Alameda County and San Francisco, her office is calling for the release of all inmates who don’t pose a public safety risk.\u003c/p>\n\u003cp>“We are scrambling to get as many [clients] out as possible, but this is difficult with only one courtroom open for very limited purposes,” Lipetzky said.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"coronavirus\"]While the early release process has been slow to get off the ground in Contra Costa County, according to Lipetzky, other counties appear to be taking the initiative.\u003c/p>\n\u003cp>Angel said that his team in the Santa Clara County DA’s office has been working with the public defender and sheriff to bring the county’s current jail population down at least 10% to 20% from its prepandemic number of 3,300.\u003c/p>\n\u003cp>In just over 10 days, the county reduced its population to “just over 3,000,” Angel said. And on Friday, the county determined about 150 additional inmates who could be released, he said.\u003c/p>\n\u003cp>Angel said Santa Clara County is targeting several distinct groups for early and/or supervised release: low-level offenders, people incarcerated largely because they can’t afford bail, people with pending sentences, “medically fragile” individuals as determined by the jail’s medical team and inmates with 90 days or fewer left on their sentences.\u003c/p>\n\u003cp>This does not mean every member of the above groups has been, or will be, released, Angel said. For instance, if an inmate is deemed a public safety risk, or if they are severely mentally ill and unable to take care of themselves, they would not be released.\u003c/p>\n\u003cp>The Alameda County Sheriff's Office said in a Thursday tweet that 247 people were approved for early release and an additional 67 were released on their own recognizance.\u003c/p>\n\u003cp>https://twitter.com/ACSOSheriffs/status/1240698647207018499\u003c/p>\n\u003cp>Activists called for larger steps to empty Santa Rita Jail, including ending new bookings at the jail and releasing more people, especially anyone who may be vulnerable to contracting COVID-19.\u003c/p>\n\u003cp>“It’s really only a matter of time until the disease reaches Santa Rita Jail,” Dr. Juliana Morris of the Do No Harm Coalition said during a streamed press conference Thursday. “It’s a public health nightmare waiting to happen.”\u003c/p>\n\u003cp>Ahern said all inmates at Santa Rita Jail are being screened for symptoms, as well as deputies and any civilian staff in the jail. So far, no one in custody has presented coronavirus symptoms, he said. Two housing units have been emptied to be used to isolate any inmates who begin to show symptoms.\u003c/p>\n\u003cp>“We’re doing more than what’s necessary to take care of safety and health,” Ahern said, adding that the 4,500-person jail currently has more than 1,000 empty beds.\u003c/p>\n\u003cfigure id=\"attachment_11807638\" class=\"wp-caption aligncenter\" style=\"max-width: 2947px\">\u003cimg class=\"size-full wp-image-11807638\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203.jpg\" alt=\"\" width=\"2947\" height=\"2210\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203.jpg 2947w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-536x402.jpg 536w\" sizes=\"(max-width: 2947px) 100vw, 2947px\">\u003cfigcaption class=\"wp-caption-text\">Notices posted at the San Francisco Sheriff's Intake and Release Center on Thursday say that jails are closed for visiting and that court processes have been largely suspended. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Public Defender Mano Raju, who is pushing for similar releases, said his jailed clients are scared just like the rest of us.\u003c/p>\n\u003cp>\"But unlike a lot of us who are not incarcerated, they can't take those steps to create that social distance,\" Raju said. \"They can't wash their hands with soap whenever they want to. And they can't take the appropriate steps to boost their immune system.\"\u003c/p>\n\u003cp>San Francisco Sheriff Paul Miyamoto released a \u003ca href=\"https://sfsheriff.com/sites/default/files/2020-03/COVID-19%20Response%20%26%20Action%20Plan%20-03-11-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">plan\u003c/a> on March 10 to keep COVID-19 out of the city’s jails. Details include triage measures to assess arrestees for signs of infection and contingency plans should a positive case be detected.\u003c/p>\n\u003cp>Arrestees in San Mateo County will undergo “an intensive medical screening” for COVID-19 before being booked into jail, according to a March 14 Facebook post from the sheriff.\u003c/p>\n\u003cp>Three inmates in Santa Clara County jails have already been put into isolation for 14 days “due to a possible exposure by a visitor,” according to a March 17 press release. “None of those inmates show any signs or symptoms associated to COVID-19, but are being closely monitored by medical professionals.”\u003c/p>\n\u003cp>Low said those inmates were not tested, and will be placed back into their respective housing units once the isolation period ends. He also said staff is conducting frequent temperature checks on all inmates and “implementing social distancing” in the jails.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Robin Lipetzky, Contra Costa County public defender\"]'It is too early to determine the long-term impacts, other than to say that we will be dealing with the fallout from this for a very long time.'[/pullquote]\u003c/p>\n\u003cp>Valencia said in Sonoma County, no inmates or staff have undergone testing for COVID-19, but that arrestees are being asked additional questions about their health and travel history.\u003c/p>\n\u003cp>Contra Costa County Sheriff’s spokesman Jimmy Lee declined to answer questions about medical screening for inmates or staff. However, Lee noted that deputies have been given protective equipment “to include gloves, googles, gowns, a face shield and masks.”\u003c/p>\n\u003cp>While family visits have been suspended for all counties under shelter-in-place orders, jails are still allowing legal visits. And a couple of facilities have made modest efforts to provide easier access to phone calls. Santa Clara County is offering inmates two free five-minute phone calls twice a week, while in San Francisco jails, phone calls will be free for a week.\u003c/p>\n\u003cp>Jury trials and the majority of hearings have been delayed in Alameda, Contra Costa, Santa Clara, San Francisco, Marin, San Mateo and Sonoma counties. Traffic cases have been postponed for at least a month. Civil trials and motions have been postponed for up to three months.\u003c/p>\n\u003cp>“One of the proceedings that are not being delayed are bail reduction/own recognizance hearings for in custody defendants,” San Mateo District Attorney Stephen Wagstaffe wrote in an email. “Those hearings are continuing without any delay,” to avoid keeping people in jail longer than necessary.\u003c/p>\n\u003cp>Along with arraignments, hearings for domestic violence restraining orders are still taking place in some jurisdictions, according to information posted by the courts.\u003c/p>\n\u003cp>Public defenders from Contra Costa, Santa Clara, San Francisco and Alameda counties all said their offices have been extremely busy dealing with the emergency.\u003c/p>\n\u003cp>District attorney’s offices are also still open to “to review new criminal cases in order to make charging decisions, to staff arraignments, to create discovery packets and to respond to critical matters,” said Teresa Drenick, spokeswoman for the Alameda County district attorney.\u003c/p>\n\u003cp>However, most courts are closed to the public and minimally staffed. \u003ca href=\"http://www.alameda.courts.ca.gov/Resources/Documents/Alameda%20Court%20Closure%20Press%20Release%202020-03-17(2).pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Alameda\u003c/a> and \u003ca href=\"https://www.sfsuperiorcourt.org/sites/default/files/images/News%20Release%20--%20Coronavirus%20%28COVID-19%29%20%28007%29.pdf?1584651560194\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco\u003c/a> Superior Courts are allowing certain types of emergency filings to be made via a drop box.\u003c/p>\n\u003cp>“Of note as well, the [Alameda County] Family Justice Center remains open for critical needs,” Drenick said.\u003c/p>\n\u003cp>\u003ca href=\"https://newsroom.courts.ca.gov/news/california-chief-justice-issues-guidance-to-expedite-court-emergency-orders\" target=\"_blank\" rel=\"noopener noreferrer\">Emergency orders\u003c/a> issued by California Chief Justice Tani Cantil-Sakauye over the past week give courts the authority to implement closures and delays at least until early April, but they could be extended well beyond that.\u003c/p>\n\u003cp>“It is too early to determine the long-term impacts,” Contra Costa Public Defender Lipetzky said, “other than to say that we will be dealing with the fallout from this for a very long time.\"\u003c/p>\n\u003cp>\u003cem>Raquel Maria Dillon of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"So far, no local jails have reported a known case of COVID-19, but Sgt. Michael Low of the Santa Clara County Sheriff’s Office confirmed Thursday that an inmate at their Elmwood facility died after an unknown illness.","status":"publish","parent":0,"modified":1591140934,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":44,"wordCount":1677},"headData":{"title":"From Arrests to Trials and Jails, Bay Area’s Criminal Justice System Reels in Age of Coronavirus | KQED","description":"So far, no local jails have reported a known case of COVID-19, but Sgt. Michael Low of the Santa Clara County Sheriff’s Office confirmed Thursday that an inmate at their Elmwood facility died after an unknown illness.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"From Arrests to Trials and Jails, Bay Area’s Criminal Justice System Reels in Age of Coronavirus","datePublished":"2020-03-20T13:32:50.000Z","dateModified":"2020-06-02T23:35:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11807632 https://ww2.kqed.org/news/?p=11807632","disqusUrl":"https://ww2.kqed.org/news/2020/03/20/from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus/","disqusTitle":"From Arrests to Trials and Jails, Bay Area’s Criminal Justice System Reels in Age of Coronavirus","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","templateType":"standard","featuredImageType":"standard","path":"/news/11807632/from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Jury trials across the Bay Area have been postponed. Local jails are closed to visitors. Inmate advocates are calling for the large-scale release of people who don’t pose a threat to public safety. From new arrests to early releases, the threat of COVID-19 is affecting every stage of the criminal justice system.\u003c/p>\n\u003cp>Local law enforcement said they are focusing primarily on high-priority calls for service, those that involve serious crimes in progress. Arrests are still being made, but at least some departments said they are leaning more heavily on their authority to cite and release people for lower-level offenses — rather than booking them — to limit the jail population.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It’s really only a matter of time until the disease reaches Santa Rita Jail ... It’s a public health nightmare waiting to happen.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dr. Juliana Morris, Do No Harm Coalition","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“For example, someone driving on a suspended license or in possession of a controlled substance” might just get a citation right now, said Sgt. Juan Valencia of the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>Santa Clara County suspended its policy of criminally charging people after \u003ca href=\"https://www.mercurynews.com/2019/06/13/exclusive-santa-clara-county-da-will-stop-filing-charges-in-most-minor-drug-cases/\" target=\"_blank\" rel=\"noopener noreferrer\">their third recreational drug offense\u003c/a>, which Assistant District Attorney David Angel estimated could keep an additional 500 people out of its jails.\u003c/p>\n\u003cp>So far, no local jails have reported a known case of COVID-19. But Sgt. Michael Low of the Santa Clara County Sheriff’s Office confirmed Thursday that an inmate at their Elmwood Correctional Facility died after an unknown illness.\u003c/p>\n\u003cp>\"The medical examiner will be conducting additional testing to see if COVID-19 was a factor,” Low wrote in an email.\u003c/p>\n\u003cp>By their nature, jails house a large number of people in a confined space, making preventive measures like social distancing difficult to implement. Inmate rights advocates, jail officials and public health officials are expressing concern about the possibility of the coronavirus spreading rapidly through incarcerated populations.\u003c/p>\n\u003cp>Alameda County Sheriff Gregory Ahern said Wednesday that the potential for an outbreak inside Santa Rita Jail is “a major concern.”\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>Contra Costa County Public Defender Robin Lipetzky said while it’s fortunate no jail cases of COVID-19 have been reported yet, “that is not surprising given that the population is not being tested. Given what we know medically about the spread of the coronavirus, we believe that many people are being needlessly exposed to the virus in custody.”\u003c/p>\n\u003cp>Like public defenders in Alameda County and San Francisco, her office is calling for the release of all inmates who don’t pose a public safety risk.\u003c/p>\n\u003cp>“We are scrambling to get as many [clients] out as possible, but this is difficult with only one courtroom open for very limited purposes,” Lipetzky said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"coronavirus"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>While the early release process has been slow to get off the ground in Contra Costa County, according to Lipetzky, other counties appear to be taking the initiative.\u003c/p>\n\u003cp>Angel said that his team in the Santa Clara County DA’s office has been working with the public defender and sheriff to bring the county’s current jail population down at least 10% to 20% from its prepandemic number of 3,300.\u003c/p>\n\u003cp>In just over 10 days, the county reduced its population to “just over 3,000,” Angel said. And on Friday, the county determined about 150 additional inmates who could be released, he said.\u003c/p>\n\u003cp>Angel said Santa Clara County is targeting several distinct groups for early and/or supervised release: low-level offenders, people incarcerated largely because they can’t afford bail, people with pending sentences, “medically fragile” individuals as determined by the jail’s medical team and inmates with 90 days or fewer left on their sentences.\u003c/p>\n\u003cp>This does not mean every member of the above groups has been, or will be, released, Angel said. For instance, if an inmate is deemed a public safety risk, or if they are severely mentally ill and unable to take care of themselves, they would not be released.\u003c/p>\n\u003cp>The Alameda County Sheriff's Office said in a Thursday tweet that 247 people were approved for early release and an additional 67 were released on their own recognizance.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1240698647207018499"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Activists called for larger steps to empty Santa Rita Jail, including ending new bookings at the jail and releasing more people, especially anyone who may be vulnerable to contracting COVID-19.\u003c/p>\n\u003cp>“It’s really only a matter of time until the disease reaches Santa Rita Jail,” Dr. Juliana Morris of the Do No Harm Coalition said during a streamed press conference Thursday. “It’s a public health nightmare waiting to happen.”\u003c/p>\n\u003cp>Ahern said all inmates at Santa Rita Jail are being screened for symptoms, as well as deputies and any civilian staff in the jail. So far, no one in custody has presented coronavirus symptoms, he said. Two housing units have been emptied to be used to isolate any inmates who begin to show symptoms.\u003c/p>\n\u003cp>“We’re doing more than what’s necessary to take care of safety and health,” Ahern said, adding that the 4,500-person jail currently has more than 1,000 empty beds.\u003c/p>\n\u003cfigure id=\"attachment_11807638\" class=\"wp-caption aligncenter\" style=\"max-width: 2947px\">\u003cimg class=\"size-full wp-image-11807638\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203.jpg\" alt=\"\" width=\"2947\" height=\"2210\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203.jpg 2947w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/20200319_163203-536x402.jpg 536w\" sizes=\"(max-width: 2947px) 100vw, 2947px\">\u003cfigcaption class=\"wp-caption-text\">Notices posted at the San Francisco Sheriff's Intake and Release Center on Thursday say that jails are closed for visiting and that court processes have been largely suspended. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Public Defender Mano Raju, who is pushing for similar releases, said his jailed clients are scared just like the rest of us.\u003c/p>\n\u003cp>\"But unlike a lot of us who are not incarcerated, they can't take those steps to create that social distance,\" Raju said. \"They can't wash their hands with soap whenever they want to. And they can't take the appropriate steps to boost their immune system.\"\u003c/p>\n\u003cp>San Francisco Sheriff Paul Miyamoto released a \u003ca href=\"https://sfsheriff.com/sites/default/files/2020-03/COVID-19%20Response%20%26%20Action%20Plan%20-03-11-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">plan\u003c/a> on March 10 to keep COVID-19 out of the city’s jails. Details include triage measures to assess arrestees for signs of infection and contingency plans should a positive case be detected.\u003c/p>\n\u003cp>Arrestees in San Mateo County will undergo “an intensive medical screening” for COVID-19 before being booked into jail, according to a March 14 Facebook post from the sheriff.\u003c/p>\n\u003cp>Three inmates in Santa Clara County jails have already been put into isolation for 14 days “due to a possible exposure by a visitor,” according to a March 17 press release. “None of those inmates show any signs or symptoms associated to COVID-19, but are being closely monitored by medical professionals.”\u003c/p>\n\u003cp>Low said those inmates were not tested, and will be placed back into their respective housing units once the isolation period ends. He also said staff is conducting frequent temperature checks on all inmates and “implementing social distancing” in the jails.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It is too early to determine the long-term impacts, other than to say that we will be dealing with the fallout from this for a very long time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Robin Lipetzky, Contra Costa County public defender","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Valencia said in Sonoma County, no inmates or staff have undergone testing for COVID-19, but that arrestees are being asked additional questions about their health and travel history.\u003c/p>\n\u003cp>Contra Costa County Sheriff’s spokesman Jimmy Lee declined to answer questions about medical screening for inmates or staff. However, Lee noted that deputies have been given protective equipment “to include gloves, googles, gowns, a face shield and masks.”\u003c/p>\n\u003cp>While family visits have been suspended for all counties under shelter-in-place orders, jails are still allowing legal visits. And a couple of facilities have made modest efforts to provide easier access to phone calls. Santa Clara County is offering inmates two free five-minute phone calls twice a week, while in San Francisco jails, phone calls will be free for a week.\u003c/p>\n\u003cp>Jury trials and the majority of hearings have been delayed in Alameda, Contra Costa, Santa Clara, San Francisco, Marin, San Mateo and Sonoma counties. Traffic cases have been postponed for at least a month. Civil trials and motions have been postponed for up to three months.\u003c/p>\n\u003cp>“One of the proceedings that are not being delayed are bail reduction/own recognizance hearings for in custody defendants,” San Mateo District Attorney Stephen Wagstaffe wrote in an email. “Those hearings are continuing without any delay,” to avoid keeping people in jail longer than necessary.\u003c/p>\n\u003cp>Along with arraignments, hearings for domestic violence restraining orders are still taking place in some jurisdictions, according to information posted by the courts.\u003c/p>\n\u003cp>Public defenders from Contra Costa, Santa Clara, San Francisco and Alameda counties all said their offices have been extremely busy dealing with the emergency.\u003c/p>\n\u003cp>District attorney’s offices are also still open to “to review new criminal cases in order to make charging decisions, to staff arraignments, to create discovery packets and to respond to critical matters,” said Teresa Drenick, spokeswoman for the Alameda County district attorney.\u003c/p>\n\u003cp>However, most courts are closed to the public and minimally staffed. \u003ca href=\"http://www.alameda.courts.ca.gov/Resources/Documents/Alameda%20Court%20Closure%20Press%20Release%202020-03-17(2).pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Alameda\u003c/a> and \u003ca href=\"https://www.sfsuperiorcourt.org/sites/default/files/images/News%20Release%20--%20Coronavirus%20%28COVID-19%29%20%28007%29.pdf?1584651560194\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco\u003c/a> Superior Courts are allowing certain types of emergency filings to be made via a drop box.\u003c/p>\n\u003cp>“Of note as well, the [Alameda County] Family Justice Center remains open for critical needs,” Drenick said.\u003c/p>\n\u003cp>\u003ca href=\"https://newsroom.courts.ca.gov/news/california-chief-justice-issues-guidance-to-expedite-court-emergency-orders\" target=\"_blank\" rel=\"noopener noreferrer\">Emergency orders\u003c/a> issued by California Chief Justice Tani Cantil-Sakauye over the past week give courts the authority to implement closures and delays at least until early April, but they could be extended well beyond that.\u003c/p>\n\u003cp>“It is too early to determine the long-term impacts,” Contra Costa Public Defender Lipetzky said, “other than to say that we will be dealing with the fallout from this for a very long time.\"\u003c/p>\n\u003cp>\u003cem>Raquel Maria Dillon of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11807632/from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus","authors":["8676","11682"],"programs":["news_72"],"categories":["news_457","news_6188","news_8"],"tags":["news_26945","news_27350","news_17825","news_27504","news_17725","news_2069"],"featImg":"news_11807820","label":"source_news_11807632"},"news_11807392":{"type":"posts","id":"news_11807392","meta":{"index":"posts_1591205157","site":"news","id":"11807392","score":null,"sort":[1584621155000]},"guestAuthors":[],"slug":"what-happens-when-courthouses-where-abuse-cases-are-heard-shut-down","title":"What Happens When Courthouses That Hear Abuse Cases Shut Down?","publishDate":1584621155,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>It was a scene of confusion and despair early Tuesday morning in front of one of the nation’s largest children’s courthouses in Los Angeles as parents, some with children and babies in tow, stood helplessly outside the closed building. \u003c/p>\n\u003cp>“The notice on the courthouse door says that the court is closed for three days and doesn't really provide a lot of information about what to do,” said Leslie Heimov, executive director of the Children's Law Center of California, who was informed of the temporary closure the night before.\u003c/p>\n\u003cp>Heimov and her staff attorneys provide legal representation to children in the child welfare system in Los Angeles and Sacramento. On Tuesday, Heimov found herself explaining the closure to a confused parent. \u003c/p>\n\u003cp>“They were all told to come to court, so they're showing up, some of them taking public transportation, some with their babies with them,” she said. “Not surprisingly [it’s] a lot of very distressed folks.”\u003c/p>\n\u003cp>The Edmund D. Edelman Children's Courthouse in Los Angeles County's Monterey Park hears cases that relate to allegations of abuse or neglect of a child. Parents with a scheduled hearing check in at 8:30 a.m. Many show up early to wait throughout the day for their cases to be called. Some are there to regain custody of their children, and others are there to show their progress on a court-mandated plan before reunification can occur. Some parents might also learn at that courthouse that their parental rights have been terminated. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Now the courthouse is closed due to concerns over the spread of the coronavirus, along with others across California, including in \u003ca href=\"https://www.saccourt.ca.gov/general/coronavirus.aspx\">Sacramento\u003c/a>, \u003ca href=\"http://www.sanmateocourt.org/juvenileCovid19.pdf\">San Mateo\u003c/a> and other Bay Area counties. \u003c/p>\n\u003cp>Children get their own attorney in all dependency court proceedings primarily to ensure that the child’s welfare is paramount. Heimov worried that the precautionary court closures might have other harmful impacts to the children that she and her staff attorneys represent.\u003c/p>\n\u003cp>“What we worry about is the child's emotional well-being,” Heimov said. “Are they scared? Is there something they need? Do they maybe have a medical condition that we don't know about and we need to make sure they get the proper medications? Have they been separated from their siblings?” \u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"coronavirus\"]\u003c/p>\n\u003cp>Heimov said she understands the seriousness of the current public health crisis.\u003c/p>\n\u003cp>“While we take our civic duty to flatten the curve extremely seriously, we also recognize that there are some situations where there are equally as important concerns for the welfare of a child or of the family that need to be addressed timely and can't be put on hold indefinitely,” Heimov said. \u003c/p>\n\u003cp>On Wednesday, the Los Angeles Superior Court confirmed through an administrative order that the courts will remain closed until April 16 except for time-sensitive and essential functions. For child abuse or neglect cases, this means that only the most urgent will get a hearing, especially if it involves the imminent safety of a child. All other routine court functions will be delayed for 30 days.\u003c/p>\n\u003cp>This worries Janine Townsend, a grandmother from Perris, California, who relies on a court order for guaranteed visitation with her grandson. \u003c/p>\n\u003cp>“I'm hoping we get a visit on Friday,” Townsend said. \u003c/p>\n\u003cp>Her grandson was removed from his parents and placed with a foster family. The foster mother hasn’t been compliant with her visits, Townsend said. She is worried that it may be a long time before she can see him again. \u003c/p>\n\u003cp>“They’re saying this can go on for months,” Townsend said. \u003c/p>\n\u003cp>Bobby Cagle, who heads the Los Angeles County Department of Children and Family Services, the nation’s largest child welfare agency, said visits with family members will continue. \u003c/p>\n\u003cp>In the case that a physical visit cannot occur, department social workers are encouraging families to do virtual visits. \u003c/p>\n\u003cp>“We're doing things like telephone calls, FaceTime, Skype,” he said.\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Bobby Cagle, Los Angeles County Department of Children and Family Services\"]'We know that families are worried about their children. The children [also] need to hear from their families so that they can be calmed in the situation as well.'[/pullquote]\u003c/p>\n\u003cp>Cagle advised family members to call their social worker if they are told by a foster parent that a visit cannot happen. \u003c/p>\n\u003cp>“If they feel like they're not getting what they need from the caseworker, they can always call a supervisor,” Cagle said.\u003c/p>\n\u003cp>Cagle acknowledged the extra anxiety of the current shelter-in-place orders might have for families. \u003c/p>\n\u003cp>“We know that families are worried about their children,” Cagle said. “The children [also] need to hear from their families so that they can be calmed in the situation as well.”\u003c/p>\n\u003cp>Monthly home visits by a social worker to all children in foster care will also continue, Cagle said, and where possible, video conferencing will be used. \u003c/p>\n\u003cp>Cagle said he's also worried about a dramatic drop in the number of calls received by the department hotline number, which gets between 500 to 1,000 calls per day reporting alleged child abuse or neglect. The decrease occurred since public schools closed on Monday. \u003c/p>\n\u003cp>“Schools are one of the three primary drivers of the volume of calls that come into our hotline,” Cagle said. “What we have seen is a 30% to 50% decrease in the amount of calls ... over the last couple of days.”\u003c/p>\n\u003cp>Teachers are often the ones that notice when a child might be the victim of abuse, and they call the hotline. Now, children are confined at home, which also worries domestic violence advocates. \u003c/p>\n\u003cp>“Often staying home is not the safest plan because the abuser, the person hurting them, knows where they live or they live together,” said Carmen MacDonald, director of legal services at the Los Angeles Center for Law and Justice.\u003c/p>\n\u003cp>“If the home is the place that you're experiencing domestic violence and now you've been told to stay at home, I'm very concerned that survivors are going to be less safe and the children are impacted who are witnessing domestic violence, and now children are home full time,” McDonald said. \u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Carmen MacDonald, Los Angeles Center for Law and Justice\"]'If the home is the place that you're experiencing domestic violence and now you've been told to stay at home, I'm very concerned that survivors are going to be less safe and the children are impacted who are witnessing domestic violence, and now children are home full time.'[/pullquote]\u003c/p>\n\u003cp>When it comes to domestic violence, schools also play a critical role in helping women get out of dangerous situations, she said. But with the closures, “the child's not going to school to tell their teacher what's happening at home.” \u003c/p>\n\u003cp>The Los Angeles Superior Court announced that all restraining orders due to expire would automatically be extended 21 days, which McDonald applauded. Yet she said she's worried about women who need a hearing and won’t get one. Police stations can issue an order that tells the accused abuser to “stay away” for up to seven days, but this is not the same level of protection a victim can get through the courts, which has other remedies available to help the victim stay safe and protect her children. \u003c/p>\n\u003cp>“We already have a population that is isolated that's now being forced into further isolation,” McDonald said. “And often the batterer is the one telling them no one's going to help you and now that’s really true.” \u003c/p>\n\u003cp>If you suspect a child is the victim of abuse or neglect, call DCFS child protection hotline in L.A. County at 1-800-540-4000.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Deepa Fernandes is a reporting fellow at Pacific Oaks College, which is funded in part by First 5 LA.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Courthouses across California have shut down due to the coronavirus. Advocates are worried about how the closures could impact children who've been abused and domestic violence victims.","status":"publish","parent":0,"modified":1584653166,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1370},"headData":{"title":"What Happens When Courthouses That Hear Abuse Cases Shut Down? | KQED","description":"Courthouses across California have shut down due to the coronavirus. Advocates are worried about how the closures could impact children.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"What Happens When Courthouses That Hear Abuse Cases Shut Down?","datePublished":"2020-03-19T12:32:35.000Z","dateModified":"2020-03-19T21:26:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11807392 https://ww2.kqed.org/news/?p=11807392","disqusUrl":"https://ww2.kqed.org/news/2020/03/19/what-happens-when-courthouses-where-abuse-cases-are-heard-shut-down/","disqusTitle":"What Happens When Courthouses That Hear Abuse Cases Shut Down?","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/301b7341-36b3-44e4-9b99-ab830151f4ca/audio.mp3","nprByline":"\u003ca href=\"https://twitter.com/deepafern?lang=en\">Deepa Fernandes\u003c/a>","path":"/news/11807392/what-happens-when-courthouses-where-abuse-cases-are-heard-shut-down","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It was a scene of confusion and despair early Tuesday morning in front of one of the nation’s largest children’s courthouses in Los Angeles as parents, some with children and babies in tow, stood helplessly outside the closed building. \u003c/p>\n\u003cp>“The notice on the courthouse door says that the court is closed for three days and doesn't really provide a lot of information about what to do,” said Leslie Heimov, executive director of the Children's Law Center of California, who was informed of the temporary closure the night before.\u003c/p>\n\u003cp>Heimov and her staff attorneys provide legal representation to children in the child welfare system in Los Angeles and Sacramento. On Tuesday, Heimov found herself explaining the closure to a confused parent. \u003c/p>\n\u003cp>“They were all told to come to court, so they're showing up, some of them taking public transportation, some with their babies with them,” she said. “Not surprisingly [it’s] a lot of very distressed folks.”\u003c/p>\n\u003cp>The Edmund D. Edelman Children's Courthouse in Los Angeles County's Monterey Park hears cases that relate to allegations of abuse or neglect of a child. Parents with a scheduled hearing check in at 8:30 a.m. Many show up early to wait throughout the day for their cases to be called. Some are there to regain custody of their children, and others are there to show their progress on a court-mandated plan before reunification can occur. Some parents might also learn at that courthouse that their parental rights have been terminated. \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>Now the courthouse is closed due to concerns over the spread of the coronavirus, along with others across California, including in \u003ca href=\"https://www.saccourt.ca.gov/general/coronavirus.aspx\">Sacramento\u003c/a>, \u003ca href=\"http://www.sanmateocourt.org/juvenileCovid19.pdf\">San Mateo\u003c/a> and other Bay Area counties. \u003c/p>\n\u003cp>Children get their own attorney in all dependency court proceedings primarily to ensure that the child’s welfare is paramount. Heimov worried that the precautionary court closures might have other harmful impacts to the children that she and her staff attorneys represent.\u003c/p>\n\u003cp>“What we worry about is the child's emotional well-being,” Heimov said. “Are they scared? Is there something they need? Do they maybe have a medical condition that we don't know about and we need to make sure they get the proper medications? Have they been separated from their siblings?” \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"coronavirus"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Heimov said she understands the seriousness of the current public health crisis.\u003c/p>\n\u003cp>“While we take our civic duty to flatten the curve extremely seriously, we also recognize that there are some situations where there are equally as important concerns for the welfare of a child or of the family that need to be addressed timely and can't be put on hold indefinitely,” Heimov said. \u003c/p>\n\u003cp>On Wednesday, the Los Angeles Superior Court confirmed through an administrative order that the courts will remain closed until April 16 except for time-sensitive and essential functions. For child abuse or neglect cases, this means that only the most urgent will get a hearing, especially if it involves the imminent safety of a child. All other routine court functions will be delayed for 30 days.\u003c/p>\n\u003cp>This worries Janine Townsend, a grandmother from Perris, California, who relies on a court order for guaranteed visitation with her grandson. \u003c/p>\n\u003cp>“I'm hoping we get a visit on Friday,” Townsend said. \u003c/p>\n\u003cp>Her grandson was removed from his parents and placed with a foster family. The foster mother hasn’t been compliant with her visits, Townsend said. She is worried that it may be a long time before she can see him again. \u003c/p>\n\u003cp>“They’re saying this can go on for months,” Townsend said. \u003c/p>\n\u003cp>Bobby Cagle, who heads the Los Angeles County Department of Children and Family Services, the nation’s largest child welfare agency, said visits with family members will continue. \u003c/p>\n\u003cp>In the case that a physical visit cannot occur, department social workers are encouraging families to do virtual visits. \u003c/p>\n\u003cp>“We're doing things like telephone calls, FaceTime, Skype,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We know that families are worried about their children. The children [also] need to hear from their families so that they can be calmed in the situation as well.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Bobby Cagle, Los Angeles County Department of Children and Family Services","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cagle advised family members to call their social worker if they are told by a foster parent that a visit cannot happen. \u003c/p>\n\u003cp>“If they feel like they're not getting what they need from the caseworker, they can always call a supervisor,” Cagle said.\u003c/p>\n\u003cp>Cagle acknowledged the extra anxiety of the current shelter-in-place orders might have for families. \u003c/p>\n\u003cp>“We know that families are worried about their children,” Cagle said. “The children [also] need to hear from their families so that they can be calmed in the situation as well.”\u003c/p>\n\u003cp>Monthly home visits by a social worker to all children in foster care will also continue, Cagle said, and where possible, video conferencing will be used. \u003c/p>\n\u003cp>Cagle said he's also worried about a dramatic drop in the number of calls received by the department hotline number, which gets between 500 to 1,000 calls per day reporting alleged child abuse or neglect. The decrease occurred since public schools closed on Monday. \u003c/p>\n\u003cp>“Schools are one of the three primary drivers of the volume of calls that come into our hotline,” Cagle said. “What we have seen is a 30% to 50% decrease in the amount of calls ... over the last couple of days.”\u003c/p>\n\u003cp>Teachers are often the ones that notice when a child might be the victim of abuse, and they call the hotline. Now, children are confined at home, which also worries domestic violence advocates. \u003c/p>\n\u003cp>“Often staying home is not the safest plan because the abuser, the person hurting them, knows where they live or they live together,” said Carmen MacDonald, director of legal services at the Los Angeles Center for Law and Justice.\u003c/p>\n\u003cp>“If the home is the place that you're experiencing domestic violence and now you've been told to stay at home, I'm very concerned that survivors are going to be less safe and the children are impacted who are witnessing domestic violence, and now children are home full time,” McDonald said. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If the home is the place that you're experiencing domestic violence and now you've been told to stay at home, I'm very concerned that survivors are going to be less safe and the children are impacted who are witnessing domestic violence, and now children are home full time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Carmen MacDonald, Los Angeles Center for Law and Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When it comes to domestic violence, schools also play a critical role in helping women get out of dangerous situations, she said. But with the closures, “the child's not going to school to tell their teacher what's happening at home.” \u003c/p>\n\u003cp>The Los Angeles Superior Court announced that all restraining orders due to expire would automatically be extended 21 days, which McDonald applauded. Yet she said she's worried about women who need a hearing and won’t get one. Police stations can issue an order that tells the accused abuser to “stay away” for up to seven days, but this is not the same level of protection a victim can get through the courts, which has other remedies available to help the victim stay safe and protect her children. \u003c/p>\n\u003cp>“We already have a population that is isolated that's now being forced into further isolation,” McDonald said. “And often the batterer is the one telling them no one's going to help you and now that’s really true.” \u003c/p>\n\u003cp>If you suspect a child is the victim of abuse or neglect, call DCFS child protection hotline in L.A. County at 1-800-540-4000.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Deepa Fernandes is a reporting fellow at Pacific Oaks College, which is funded in part by First 5 LA.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11807392/what-happens-when-courthouses-where-abuse-cases-are-heard-shut-down","authors":["byline_news_11807392"],"programs":["news_72"],"categories":["news_457","news_6188","news_8"],"tags":["news_18538","news_5559","news_2043","news_27350","news_17825","news_27504","news_17762"],"featImg":"news_11807453","label":"source_news_11807392"},"news_11712244":{"type":"posts","id":"news_11712244","meta":{"index":"posts_1591205157","site":"news","id":"11712244","score":null,"sort":[1544731544000]},"guestAuthors":[],"slug":"judges-ask-ice-to-make-courts-off-limits-to-immigration-arrests","title":"Judges Ask ICE to Make Courts Off Limits to Immigration Arrests","publishDate":1544731544,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>For 25 years, schools, hospitals and places of worship have effectively been off-limits to federal immigration officers. Now, a group of dozens of former state and federal judges is asking U.S. Immigration and Customs Enforcement to add courthouses to the list of \"sensitive locations\" where their officers generally do not go.\u003c/p>\n\u003cp>\"Judges simply cannot do their jobs — and our justice system cannot function effectively — if victims, defendants, witnesses, and family members do not feel secure in accessing the courthouse,\" said the judges \u003ca href=\"https://www.scribd.com/document/395488473/Letter-From-Former-Judges-Courthouse-Immigration-Arrests\">in a letter Wednesday\u003c/a> to Acting Director Ronald Vitiello. \"ICE's reliance on immigration arrests in courthouses instills fear in clients and deters them from seeking justice in a court building.\"\u003c/p>\n\u003cp>The judges cited reports of a marked increase in ICE activity in courts over the past two years. One study by the Immigrant Defense Project found a \u003ca href=\"https://www.immigrantdefenseproject.org/ice-courts/\">1200 percent increase\u003c/a> in arrests and attempted arrests across New York state from 2016 to 2017. Arrests have been documented in dozens of states, the judges wrote, affecting \u003ca href=\"https://www.elpasotimes.com/story/news/2017/02/15/ice-detains-domestic-violence-victim-court/97965624/\">survivors of domestic violence\u003c/a>, \u003ca href=\"https://www.newyorker.com/news/daily-comment/when-a-day-in-court-is-a-trap-for-immigrants\">parents seeking to protect their children\u003c/a> from unsafe living conditions, and even \u003ca href=\"https://www.wnyc.org/story/when-ice-shows-court/\">victims of human trafficking\u003c/a>.\u003c/p>\n\u003cp>\"We know firsthand that for courts to effectively do justice, ensure public safety, and serve their communities, the public must be able to access courthouses safely and without fear of retribution,\" the judges said. \"For many, however, ICE's courthouse arrests have made courts places to avoid.\"\u003c/p>\n\u003cp>In a January \u003ca href=\"https://www.ice.gov/sites/default/files/documents/Document/2018/ciEnforcementActionsCourthouses.pdf\">memo\u003c/a>, ICE said it would limit its civil immigration enforcement actions inside courthouses to only certain people, such as gang members, those with criminal convictions, or people who pose national security threats. ICE officers won't go after family members of arrest targets unless they try to intervene. Officers \"should exercise sound judgment when enforcing federal law and make substantial efforts to avoid unnecessarily alarming the public,\" the memo said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That assurance didn't go far enough, the judges wrote. \"Following nearly two years of high profile ICE courthouse activity, only unequivocal guarantees and protections will restore the public's confidence that it can safely pursue justice in our nation's courts.\"\u003c/p>\n\u003cp>In an \u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">FAQ on its web site\u003c/a>, ICE says that \"courthouse arrests seem to be occurring more frequently\" because some law enforcement agencies no longer work with ICE agents as easily as they used to.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The increasing unwillingness of some jurisdictions to cooperate with ICE in the safe and orderly transfer of targeted aliens inside their prisons and jails has necessitated additional at-large arrests.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Judges+Ask+ICE+to+Make+Courts+Off+Limits+To+Immigration+Arrests&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"Courts should be added to the list of \"sensitive locations\" that ICE officials are to avoid, judges say, arguing the justice system depends on safe and equal access to the court system.","status":"publish","parent":0,"modified":1544732950,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":432},"headData":{"title":"Judges Ask ICE to Make Courts Off Limits to Immigration Arrests | KQED","description":"Courts should be added to the list of "sensitive locations" that ICE officials are to avoid, judges say, arguing the justice system depends on safe and equal access to the court system.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judges Ask ICE to Make Courts Off Limits to Immigration Arrests","datePublished":"2018-12-13T20:05:44.000Z","dateModified":"2018-12-13T20:29:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11712244 https://ww2.kqed.org/news/?p=11712244","disqusUrl":"https://ww2.kqed.org/news/2018/12/13/judges-ask-ice-to-make-courts-off-limits-to-immigration-arrests/","disqusTitle":"Judges Ask ICE to Make Courts Off Limits to Immigration Arrests","source":"NPR","sourceUrl":"www.npr.org","nprImageCredit":"Pacific Press","nprByline":"Matthew S. Schwartz","nprImageAgency":"LightRocket via Getty Images","nprStoryId":"676344978","nprApiLink":"http://api.npr.org/query?id=676344978&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2018/12/13/676344978/judges-ask-ice-to-make-courts-off-limits-to-immigration-arrests?ft=nprml&f=676344978","nprRetrievedStory":"1","nprPubDate":"Thu, 13 Dec 2018 05:53:00 -0500","nprStoryDate":"Thu, 13 Dec 2018 05:53:52 -0500","nprLastModifiedDate":"Thu, 13 Dec 2018 05:54:12 -0500","path":"/news/11712244/judges-ask-ice-to-make-courts-off-limits-to-immigration-arrests","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For 25 years, schools, hospitals and places of worship have effectively been off-limits to federal immigration officers. Now, a group of dozens of former state and federal judges is asking U.S. Immigration and Customs Enforcement to add courthouses to the list of \"sensitive locations\" where their officers generally do not go.\u003c/p>\n\u003cp>\"Judges simply cannot do their jobs — and our justice system cannot function effectively — if victims, defendants, witnesses, and family members do not feel secure in accessing the courthouse,\" said the judges \u003ca href=\"https://www.scribd.com/document/395488473/Letter-From-Former-Judges-Courthouse-Immigration-Arrests\">in a letter Wednesday\u003c/a> to Acting Director Ronald Vitiello. \"ICE's reliance on immigration arrests in courthouses instills fear in clients and deters them from seeking justice in a court building.\"\u003c/p>\n\u003cp>The judges cited reports of a marked increase in ICE activity in courts over the past two years. One study by the Immigrant Defense Project found a \u003ca href=\"https://www.immigrantdefenseproject.org/ice-courts/\">1200 percent increase\u003c/a> in arrests and attempted arrests across New York state from 2016 to 2017. Arrests have been documented in dozens of states, the judges wrote, affecting \u003ca href=\"https://www.elpasotimes.com/story/news/2017/02/15/ice-detains-domestic-violence-victim-court/97965624/\">survivors of domestic violence\u003c/a>, \u003ca href=\"https://www.newyorker.com/news/daily-comment/when-a-day-in-court-is-a-trap-for-immigrants\">parents seeking to protect their children\u003c/a> from unsafe living conditions, and even \u003ca href=\"https://www.wnyc.org/story/when-ice-shows-court/\">victims of human trafficking\u003c/a>.\u003c/p>\n\u003cp>\"We know firsthand that for courts to effectively do justice, ensure public safety, and serve their communities, the public must be able to access courthouses safely and without fear of retribution,\" the judges said. \"For many, however, ICE's courthouse arrests have made courts places to avoid.\"\u003c/p>\n\u003cp>In a January \u003ca href=\"https://www.ice.gov/sites/default/files/documents/Document/2018/ciEnforcementActionsCourthouses.pdf\">memo\u003c/a>, ICE said it would limit its civil immigration enforcement actions inside courthouses to only certain people, such as gang members, those with criminal convictions, or people who pose national security threats. ICE officers won't go after family members of arrest targets unless they try to intervene. Officers \"should exercise sound judgment when enforcing federal law and make substantial efforts to avoid unnecessarily alarming the public,\" the memo 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>That assurance didn't go far enough, the judges wrote. \"Following nearly two years of high profile ICE courthouse activity, only unequivocal guarantees and protections will restore the public's confidence that it can safely pursue justice in our nation's courts.\"\u003c/p>\n\u003cp>In an \u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">FAQ on its web site\u003c/a>, ICE says that \"courthouse arrests seem to be occurring more frequently\" because some law enforcement agencies no longer work with ICE agents as easily as they used to.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The increasing unwillingness of some jurisdictions to cooperate with ICE in the safe and orderly transfer of targeted aliens inside their prisons and jails has necessitated additional at-large arrests.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Judges+Ask+ICE+to+Make+Courts+Off+Limits+To+Immigration+Arrests&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11712244/judges-ask-ice-to-make-courts-off-limits-to-immigration-arrests","authors":["byline_news_11712244"],"programs":["news_72"],"categories":["news_1169","news_8"],"tags":["news_17825","news_20202","news_23454","news_21791"],"affiliates":["news_253"],"featImg":"news_11712245","label":"source_news_11712244"},"news_11711763":{"type":"posts","id":"news_11711763","meta":{"index":"posts_1591205157","site":"news","id":"11711763","score":null,"sort":[1544576841000]},"guestAuthors":[],"slug":"californias-chief-justice-hopes-for-better-financial-times-under-gavin-newsom","title":"California's Chief Justice Hopes for More Court Funding Under Gavin Newsom","publishDate":1544576841,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The chief justice of California's Supreme Court loves the people Gov. Jerry Brown has appointed as judges across the state — but she's hoping his replacement, Gavin Newsom, will take a kinder eye to the court system at budget time.\u003c/p>\n\u003cp>\"I met with the governor-elect on several occasions, and we have talked generally,\" said Tani Cantil-Sakauye, adding \"as you know the new governor's father (William Newsom) is a former appeals court justice. And so we hope that we will have home-field support.\"\u003c/p>\n\u003cp>Gavin Newsom is a businessman, not a lawyer like Jerry Brown, who never seemed especially sympathetic to the chief justice's pleas to restore funds cut during the recession.\u003c/p>\n\u003cp>Referring to Gov. Brown's first few budgets, she said \"in the Great Recession the branch was cut numerous times, over and over, oftentimes mid-year. We had no ability to plan. We had no ability to attempt to serve those who were already in our court system — not to mention those who were coming in at a time when foreclosures were high and unemployment was high.\"\u003c/p>\n\u003cp>In a wide-ranging session with reporters Tuesday morning, Cantil-Sakauye said what she's hoping for in the Newsom administration is financial certainty.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"As far as I am concerned, stability and sustainability, particularly in times of economic chaos, matter to the court in a recession.\"\u003c/p>\n\u003cp>Since the retirement of Justice Kathryn M. Werdegar in 2017, the court has had to manage with just six justices and a rotating cast of appeals court judges — 124 in total — to hear cases while Gov. Brown took more than a year to nominate her replacement.\u003c/p>\n\u003cp>Cantil-Sakauye was discreet in discussing the disruption that vacancy caused to the court system, but she expressed support for Brown's recent Supreme Court nominee Joshua Groban, a legal adviser to the governor.\u003c/p>\n\u003cp>Asked about the more than 600 judges appointed to all levels of the court by Gov. Brown since 2011, the chief justice described them as \"fantastic.\"\u003c/p>\n\u003cp>\"Our numbers show that over 50 percent of his appointments have been female,\" Cantil-Sakauye said. \"Also about 40 percent self-identified as non-white. I think that is a huge step in the right direction for California.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11690832/california-chief-justice-bail-reform-process-unassailable\">California Chief Justice: Bail Reform Process 'Unassailable'\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11690832/california-chief-justice-bail-reform-process-unassailable\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/RS24741__1060215-qut-1180x787.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Asked about the court's change of direction under Gov. Brown, Cantil-Sakauye said younger judges are putting the courts more in-tune with \"California's philosophy.\"\u003c/p>\n\u003cp>\"I think the philosophy of California is people-centric, and I think it's ... underdog-centric,\" the chief justice said. \"It's about 'What are we going to do about homelessness? What are you going to do about climate? What are we going to do about guns?' ... And all of that focuses on what people cannot do for themselves. I think it's the right place to be. I think it's a good place to be.\"\u003c/p>\n\u003cp>In more than an hour of discussion with reporters, Cantil-Sakauye touched on a wide range of issues, including the continuing immigration crackdown in California courthouses by federal immigration enforcement agents, the high failure rate for the State Bar exam, the status of capital punishment and changes to the state's cash bail system.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>All in all she said, \"it's an exciting place to be for the Supreme Court.\"\u003c/p>\n\n","blocks":[],"excerpt":"Tani Cantil-Sakauye loves the judges Gov. Brown appointed. But she hopes his replacement will take a kinder eye to the court system at budget time.\r\n","status":"publish","parent":0,"modified":1544629470,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":563},"headData":{"title":"California's Chief Justice Hopes for More Court Funding Under Gavin Newsom | KQED","description":"Tani Cantil-Sakauye loves the judges Gov. Brown appointed. But she hopes his replacement will take a kinder eye to the court system at budget time.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California's Chief Justice Hopes for More Court Funding Under Gavin Newsom","datePublished":"2018-12-12T01:07:21.000Z","dateModified":"2018-12-12T15:44:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11711763 https://ww2.kqed.org/news/?p=11711763","disqusUrl":"https://ww2.kqed.org/news/2018/12/11/californias-chief-justice-hopes-for-better-financial-times-under-gavin-newsom/","disqusTitle":"California's Chief Justice Hopes for More Court Funding Under Gavin Newsom","path":"/news/11711763/californias-chief-justice-hopes-for-better-financial-times-under-gavin-newsom","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The chief justice of California's Supreme Court loves the people Gov. Jerry Brown has appointed as judges across the state — but she's hoping his replacement, Gavin Newsom, will take a kinder eye to the court system at budget time.\u003c/p>\n\u003cp>\"I met with the governor-elect on several occasions, and we have talked generally,\" said Tani Cantil-Sakauye, adding \"as you know the new governor's father (William Newsom) is a former appeals court justice. And so we hope that we will have home-field support.\"\u003c/p>\n\u003cp>Gavin Newsom is a businessman, not a lawyer like Jerry Brown, who never seemed especially sympathetic to the chief justice's pleas to restore funds cut during the recession.\u003c/p>\n\u003cp>Referring to Gov. Brown's first few budgets, she said \"in the Great Recession the branch was cut numerous times, over and over, oftentimes mid-year. We had no ability to plan. We had no ability to attempt to serve those who were already in our court system — not to mention those who were coming in at a time when foreclosures were high and unemployment was high.\"\u003c/p>\n\u003cp>In a wide-ranging session with reporters Tuesday morning, Cantil-Sakauye said what she's hoping for in the Newsom administration is financial certainty.\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 far as I am concerned, stability and sustainability, particularly in times of economic chaos, matter to the court in a recession.\"\u003c/p>\n\u003cp>Since the retirement of Justice Kathryn M. Werdegar in 2017, the court has had to manage with just six justices and a rotating cast of appeals court judges — 124 in total — to hear cases while Gov. Brown took more than a year to nominate her replacement.\u003c/p>\n\u003cp>Cantil-Sakauye was discreet in discussing the disruption that vacancy caused to the court system, but she expressed support for Brown's recent Supreme Court nominee Joshua Groban, a legal adviser to the governor.\u003c/p>\n\u003cp>Asked about the more than 600 judges appointed to all levels of the court by Gov. Brown since 2011, the chief justice described them as \"fantastic.\"\u003c/p>\n\u003cp>\"Our numbers show that over 50 percent of his appointments have been female,\" Cantil-Sakauye said. \"Also about 40 percent self-identified as non-white. I think that is a huge step in the right direction for California.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11690832/california-chief-justice-bail-reform-process-unassailable\">California Chief Justice: Bail Reform Process 'Unassailable'\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11690832/california-chief-justice-bail-reform-process-unassailable\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/RS24741__1060215-qut-1180x787.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Asked about the court's change of direction under Gov. Brown, Cantil-Sakauye said younger judges are putting the courts more in-tune with \"California's philosophy.\"\u003c/p>\n\u003cp>\"I think the philosophy of California is people-centric, and I think it's ... underdog-centric,\" the chief justice said. \"It's about 'What are we going to do about homelessness? What are you going to do about climate? What are we going to do about guns?' ... And all of that focuses on what people cannot do for themselves. I think it's the right place to be. I think it's a good place to be.\"\u003c/p>\n\u003cp>In more than an hour of discussion with reporters, Cantil-Sakauye touched on a wide range of issues, including the continuing immigration crackdown in California courthouses by federal immigration enforcement agents, the high failure rate for the State Bar exam, the status of capital punishment and changes to the state's cash bail system.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>All in all she said, \"it's an exciting place to be for the Supreme Court.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11711763/californias-chief-justice-hopes-for-better-financial-times-under-gavin-newsom","authors":["255"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17825","news_30","news_1135"],"featImg":"news_11711857","label":"news_72"},"news_11687273":{"type":"posts","id":"news_11687273","meta":{"index":"posts_1591205157","site":"news","id":"11687273","score":null,"sort":[1534462572000]},"guestAuthors":[],"slug":"bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","title":"Bill to End Cash Bail in California Moves Forward But Loses Some Support","publishDate":1534462572,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California's justice system more \"just and fair.\" He's shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he's ever been involved in.\u003c/p>\n\u003cp>\"It's been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,\" Hertzberg said. \"That's the issue: We have, baked in our law ... a system that punishes people, that takes away their liberty because they have less money in their pocket.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders' support. Brown's office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU's decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will \"effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.\"\u003c/p>\n\u003cp>But, she added, \"SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.\"\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>\"Some of you may have heard rumors along the way to the effect that we were watering down,\" Bonta said. \"I say take another look.\"\u003c/p>\n\u003cp>\"From the beginning, we said we were going to reform money bail,\" he added, \"and with this bill we are actually abolishing it. I would say that is significant fundamental reform.\"\u003c/p>\n\u003cp>Bonta said the bill's changes would also protect public safety and \"make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n","blocks":[],"excerpt":"A nearly two-year fight over whether to replace cash bail with an alternative system cleared a key hurdle Thursday. ","status":"publish","parent":0,"modified":1534534799,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":857},"headData":{"title":"Bill to End Cash Bail in California Moves Forward But Loses Some Support | KQED","description":"A nearly two-year fight over whether to replace cash bail with an alternative system cleared a key hurdle Thursday. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bill to End Cash Bail in California Moves Forward But Loses Some Support","datePublished":"2018-08-16T23:36:12.000Z","dateModified":"2018-08-17T19:39:59.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11687273 https://ww2.kqed.org/news/?p=11687273","disqusUrl":"https://ww2.kqed.org/news/2018/08/16/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support/","disqusTitle":"Bill to End Cash Bail in California Moves Forward But Loses Some Support","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/08/LagosBailCompromiseTCRAM180817.mp3","path":"/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California's justice system more \"just and fair.\" He's shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he's ever been involved in.\u003c/p>\n\u003cp>\"It's been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,\" Hertzberg said. \"That's the issue: We have, baked in our law ... a system that punishes people, that takes away their liberty because they have less money in their pocket.\"\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>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders' support. Brown's office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU's decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will \"effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.\"\u003c/p>\n\u003cp>But, she added, \"SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.\"\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>\"Some of you may have heard rumors along the way to the effect that we were watering down,\" Bonta said. \"I say take another look.\"\u003c/p>\n\u003cp>\"From the beginning, we said we were going to reform money bail,\" he added, \"and with this bill we are actually abolishing it. I would say that is significant fundamental reform.\"\u003c/p>\n\u003cp>Bonta said the bill's changes would also protect public safety and \"make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_2704","news_17825","news_17725","news_22276","news_19542","news_2960"],"featImg":"news_11687302","label":"news_72"},"news_11647412":{"type":"posts","id":"news_11647412","meta":{"index":"posts_1591205157","site":"news","id":"11647412","score":null,"sort":[1517448763000]},"guestAuthors":[],"slug":"new-ice-directive-formalizes-policy-of-making-courthouse-arrests","title":"New ICE Directive Formalizes Policy of Making Courthouse Arrests","publishDate":1517448763,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Federal immigration authorities formalized a policy Wednesday to send deportation agents to federal, state and local courthouses to make arrests, dismissing complaints from judges and advocacy groups that it instills fear among crime victims, witnesses and family members.\u003c/p>\n\u003cp>The two-page \u003ca href=\"https://www.ice.gov/sites/default/files/documents/Document/2018/ciEnforcementActionsCourthouses.pdf\" target=\"_blank\" rel=\"noopener\">directive\u003c/a> from U.S. Immigration and Customs Enforcement said it will enter courthouses only for specific targets, such as convicted criminals, gang members, public safety threats and immigrants who have been previously deported or ordered to leave. Family, friends and witnesses won't be picked up for deportation, according to the directive, but ICE leaves a caveat for \"special circumstances.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"AiMD2df9UWAc3NjwS4AT3iVPgKlwN5pW\"]\u003c/p>\n\u003cp>The policy, signed by ICE Acting Director Thomas Homan, says immigration agents should generally avoid arrests in noncriminal areas of the court, like family court and small claims, unless a supervisor approves.\u003c/p>\n\u003cp>ICE -- in a jab at \"sanctuary cities\" that limit their work with immigration authorities -- said \"increasing unwillingness of some jurisdictions to cooperate with ICE in the safe and orderly transfer of targeted aliens inside their prisons and jails has necessitated additional at-large arrests.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Immigration agents made courtroom arrests under the Obama administration, but the pace appears to have picked up under President Trump, whose administration has seen a roughly 40 percent surge in arrests overall and eliminated directives that prioritized arresting immigrants who have criminal records and are in the U.S. without authorization.\u003c/p>\n\u003cp>Last March, California Supreme Court Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://ww2.kqed.org/news/2017/03/31/states-chief-justice-doubles-down-on-criticism-of-immigration-enforcement-in-courthouses/\" target=\"_blank\" rel=\"noopener\">asked ICE\u003c/a> to stay out of the state's courts, writing, \"Courthouses should not be used as bait in the necessary enforcement of our country's immigration laws.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"1Xb9efTQxVNNTjw2xBWLwaIAZ8DamyrS\"]\u003c/p>\n\u003cp>Cantil-Sakauye expressed cautious optimism about the new directive.\u003c/p>\n\u003cp>\"If followed correctly, this written directive is a good start,\" she said in a written statement. \"It’s essential that we protect the integrity of our state court justice system and protect the people who use it.\"\u003c/p>\n\u003cp>Washington state Supreme Court Chief Justice Mary E. Fairhurst wrote last year that ICE's presence was \"deeply troubling because they impede the fundamental mission of our courts, which is to ensure due process and access for everyone, regardless of their immigration status.\"\u003c/p>\n\u003cp>Sarah Mehta, a human rights researcher with the American Civil Liberties Union, said the new policy is useful for those seeking to understand ICE's self-imposed limits. But she added that it may have come too late to allay fears among those who feel ICE may target them.\u003c/p>\n\u003cp>\"A lot of the damage has been done over the last year,\" she said.\u003c/p>\n\u003cp>In a statement issued Wednesday, San Francisco District Attorney George Gascón criticized civil immigration arrests at courthouses. The city's policies minimizing cooperation with federal immigration enforcement have made it a target for the Trump administration's campaign against so-called sanctuary cities.\u003c/p>\n\u003cp>[contextly_sidebar id=\"jYp3gDP1Hh478GXnpkW3oIEvHXslHel3\"]\u003c/p>\n\u003cp>\"I know it to be a fundamental truth that our neighborhoods are safer when people from all communities can work with law enforcement and come to our courthouses without fear that their immigration status will be used against them,\" Gascón said. \"Any policy that supports immigration agents making arrests in our courthouses serves as a deterrent to participation.\"\u003c/p>\n\u003cp>ICE reaffirmed that a 2014 policy to avoid deportation arrests at \"\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\" target=\"_blank\" rel=\"noopener\">sensitive locations\u003c/a>,\" including schools, day-care centers, hospitals, places of worship, funerals, weddings, rallies and public demonstrations, is still in place. Courthouses have never been part of that list.\u003c/p>\n\u003cp>Homan, ICE's acting director, has said metal detectors at courthouse entrances provide added safety for officers seeking to make arrests there.\u003c/p>\n\u003cp>\"We're not going to do it in the courtroom but to me it's safer,\" Homan said in an interview in November. \"It makes sense to arrest a criminal in a criminal courthouse.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting by The Associated Press\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Agency says policy is in part a response to 'sanctuary cities' that limit cooperation with federal immigration authorities.","status":"publish","parent":0,"modified":1517453743,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":639},"headData":{"title":"New ICE Directive Formalizes Policy of Making Courthouse Arrests | KQED","description":"Agency says policy is in part a response to 'sanctuary cities' that limit cooperation with federal immigration authorities.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New ICE Directive Formalizes Policy of Making Courthouse Arrests","datePublished":"2018-02-01T01:32:43.000Z","dateModified":"2018-02-01T02:55:43.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11647412 https://ww2.kqed.org/news/?p=11647412","disqusUrl":"https://ww2.kqed.org/news/2018/01/31/new-ice-directive-formalizes-policy-of-making-courthouse-arrests/","disqusTitle":"New ICE Directive Formalizes Policy of Making Courthouse Arrests","path":"/news/11647412/new-ice-directive-formalizes-policy-of-making-courthouse-arrests","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal immigration authorities formalized a policy Wednesday to send deportation agents to federal, state and local courthouses to make arrests, dismissing complaints from judges and advocacy groups that it instills fear among crime victims, witnesses and family members.\u003c/p>\n\u003cp>The two-page \u003ca href=\"https://www.ice.gov/sites/default/files/documents/Document/2018/ciEnforcementActionsCourthouses.pdf\" target=\"_blank\" rel=\"noopener\">directive\u003c/a> from U.S. Immigration and Customs Enforcement said it will enter courthouses only for specific targets, such as convicted criminals, gang members, public safety threats and immigrants who have been previously deported or ordered to leave. Family, friends and witnesses won't be picked up for deportation, according to the directive, but ICE leaves a caveat for \"special circumstances.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The policy, signed by ICE Acting Director Thomas Homan, says immigration agents should generally avoid arrests in noncriminal areas of the court, like family court and small claims, unless a supervisor approves.\u003c/p>\n\u003cp>ICE -- in a jab at \"sanctuary cities\" that limit their work with immigration authorities -- said \"increasing unwillingness of some jurisdictions to cooperate with ICE in the safe and orderly transfer of targeted aliens inside their prisons and jails has necessitated additional at-large arrests.\"\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>Immigration agents made courtroom arrests under the Obama administration, but the pace appears to have picked up under President Trump, whose administration has seen a roughly 40 percent surge in arrests overall and eliminated directives that prioritized arresting immigrants who have criminal records and are in the U.S. without authorization.\u003c/p>\n\u003cp>Last March, California Supreme Court Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://ww2.kqed.org/news/2017/03/31/states-chief-justice-doubles-down-on-criticism-of-immigration-enforcement-in-courthouses/\" target=\"_blank\" rel=\"noopener\">asked ICE\u003c/a> to stay out of the state's courts, writing, \"Courthouses should not be used as bait in the necessary enforcement of our country's immigration laws.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Cantil-Sakauye expressed cautious optimism about the new directive.\u003c/p>\n\u003cp>\"If followed correctly, this written directive is a good start,\" she said in a written statement. \"It’s essential that we protect the integrity of our state court justice system and protect the people who use it.\"\u003c/p>\n\u003cp>Washington state Supreme Court Chief Justice Mary E. Fairhurst wrote last year that ICE's presence was \"deeply troubling because they impede the fundamental mission of our courts, which is to ensure due process and access for everyone, regardless of their immigration status.\"\u003c/p>\n\u003cp>Sarah Mehta, a human rights researcher with the American Civil Liberties Union, said the new policy is useful for those seeking to understand ICE's self-imposed limits. But she added that it may have come too late to allay fears among those who feel ICE may target them.\u003c/p>\n\u003cp>\"A lot of the damage has been done over the last year,\" she said.\u003c/p>\n\u003cp>In a statement issued Wednesday, San Francisco District Attorney George Gascón criticized civil immigration arrests at courthouses. The city's policies minimizing cooperation with federal immigration enforcement have made it a target for the Trump administration's campaign against so-called sanctuary cities.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I know it to be a fundamental truth that our neighborhoods are safer when people from all communities can work with law enforcement and come to our courthouses without fear that their immigration status will be used against them,\" Gascón said. \"Any policy that supports immigration agents making arrests in our courthouses serves as a deterrent to participation.\"\u003c/p>\n\u003cp>ICE reaffirmed that a 2014 policy to avoid deportation arrests at \"\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\" target=\"_blank\" rel=\"noopener\">sensitive locations\u003c/a>,\" including schools, day-care centers, hospitals, places of worship, funerals, weddings, rallies and public demonstrations, is still in place. Courthouses have never been part of that list.\u003c/p>\n\u003cp>Homan, ICE's acting director, has said metal detectors at courthouse entrances provide added safety for officers seeking to make arrests there.\u003c/p>\n\u003cp>\"We're not going to do it in the courtroom but to me it's safer,\" Homan said in an interview in November. \"It makes sense to arrest a criminal in a criminal courthouse.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting by The Associated Press\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11647412/new-ice-directive-formalizes-policy-of-making-courthouse-arrests","authors":["237"],"programs":["news_6944","news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_17825","news_19542","news_1135","news_17286","news_17041","news_20529"],"featImg":"news_11647421","label":"news_72"},"news_11630737":{"type":"posts","id":"news_11630737","meta":{"index":"posts_1591205157","site":"news","id":"11630737","score":null,"sort":[1510705155000]},"guestAuthors":[],"slug":"santa-clara-prosecutor-moves-to-dismiss-defense-attorney-because-shes-pregnant","title":"Santa Clara Prosecutor Moves to Dismiss Defense Attorney Because She's Pregnant","publishDate":1510705155,"format":"audio","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A prosecutor with the Santa Clara County District Attorney's Office filed a motion in Superior Court last week to get a lawyer with the Independent Defender's Office kicked off a murder case because she plans to take time off to recover from childbirth.\u003c/p>\n\u003cp>\u003ca href=\"http://www.rmhessling.com/\">Defense attorney Renee Hessling\u003c/a> is representing one of five defendants in a double homicide case. She’s due for a cesarean section in December to give birth to twins, and has been planning to take time off following the procedure.\u003c/p>\n\u003cp>So she was shocked when \u003ca href=\"https://www.linkedin.com/in/leighfrazier/\">Deputy District Attorney Leigh Frazier\u003c/a> filed a motion in Superior Court to get Hessling removed from the case. The court document argues that Hessling's maternity leave was not unexpected, and so doesn't amount to \"good cause to continue the case under the law.\"\u003c/p>\n\u003cp>In other words, it's not a good enough reason to delay the trial.\u003c/p>\n\u003cfigure id=\"attachment_11630961\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11630961\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/HesslingAndSon-800x735.jpg\" alt=\"Defense Attorney Renee Hessling holds her son Jasper, soon to be joined by twin siblings.\" width=\"800\" height=\"735\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-800x735.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-160x147.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-1020x937.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-1180x1084.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-960x882.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-240x220.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-375x344.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-520x477.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Defense attorney Renee Hessling holds her son, Jasper, soon to be joined by twin siblings. \u003ccite>(Courtesy Renee Hessling)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"My response actually was just this visceral, 'Are you kidding me?' \" says Hessling. In her view, the DA is holding her request for a medical leave to a different standard because she's a woman.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"You know I’m not asking for a vacation with my newborn screaming twins,\" Hessling says. \"I’m going to be recovering from a horrible surgery and I’m going to need eight weeks per the state’s disability to recover from that. And then I'll be back and I'm ready to go.\"\u003c/p>\n\u003cp>Hessling adds that it will take longer to get a replacement attorney up to speed on the case than it will for her to return to work.\u003c/p>\n\u003cp>The District Attorney's Office blames the defense lawyers in the case for putting the prosecution in a difficult position.\u003c/p>\n\u003cp>\u003ca href=\"https://www.sccgov.org/sites/da/aboutus/attorneydirectory/Pages/default.aspx\">Assistant DA James Gibbons-Shapiro\u003c/a> says one of the defendants in the case set a ticking clock in motion when he invoked his right to a speedy trial. When that happens, Gibbons-Shapiro says, prosecutors face the possibility of the case being dismissed after 60 days unless a judge finds good cause to go past that deadline.\u003c/p>\n\u003cp>[OppositionPotential]\u003c/p>\n\u003cp>\"So all the risk for violating someone's right to a speedy trial is with the prosecution and the families of the victims of this murder,\" he says.\u003c/p>\n\u003cp>Gibbons-Shapiro says the law is not clear on this issue. He says prosecutors have not found a case that shows maternity leave as good legal cause to go beyond the 60-day deadline. And that's why the DA was seeking a judge's determination on the matter.\u003c/p>\n\u003cp>Gibbons-Shapiro says the defendant who invoked his right to a speedy trial now has agreed to waive that right -- so the DA plans to drop the motion.\u003c/p>\n\u003cp>Nevertheless, legal experts say that doesn’t erase the flaws inherent in the original filing.\u003c/p>\n\u003cp>\"If there was not so much at stake, I would call it silly,\" says Santa Clara University associate law professor \u003ca href=\"http://law.scu.edu/faculty/profile/russell-margaret/\">Margaret Russell\u003c/a> with the \u003ca href=\"https://www.scu.edu/ethics/\">Markkula Center for Applied Ethics\u003c/a>.\u003c/p>\n\u003cp>\"I think it’s just not a common sense argument and it is a discriminatory argument because it really relies upon a non-accommodation of something that is protected under law -- that is pregnancy and childbirth.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Russell says it’s regrettable the DA continues to defend an argument based on gender discrimination rather than acknowledging it as just an unfortunate misstep.\u003c/p>\n\n","blocks":[],"excerpt":"A court filing argues that the lawyer's maternity leave doesn't amount to good cause to delay a trial.","status":"publish","parent":0,"modified":1510791508,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":587},"headData":{"title":"Santa Clara Prosecutor Moves to Dismiss Defense Attorney Because She's Pregnant | KQED","description":"A court filing argues that the lawyer's maternity leave doesn't amount to good cause to delay a trial.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Santa Clara Prosecutor Moves to Dismiss Defense Attorney Because She's Pregnant","datePublished":"2017-11-15T00:19:15.000Z","dateModified":"2017-11-16T00:18:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11630737 https://ww2.kqed.org/news/?p=11630737","disqusUrl":"https://ww2.kqed.org/news/2017/11/14/santa-clara-prosecutor-moves-to-dismiss-defense-attorney-because-shes-pregnant/","disqusTitle":"Santa Clara Prosecutor Moves to Dismiss Defense Attorney Because She's Pregnant","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2017/11/SchulerAttorneyMaternity.mp3","path":"/news/11630737/santa-clara-prosecutor-moves-to-dismiss-defense-attorney-because-shes-pregnant","audioDuration":90000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A prosecutor with the Santa Clara County District Attorney's Office filed a motion in Superior Court last week to get a lawyer with the Independent Defender's Office kicked off a murder case because she plans to take time off to recover from childbirth.\u003c/p>\n\u003cp>\u003ca href=\"http://www.rmhessling.com/\">Defense attorney Renee Hessling\u003c/a> is representing one of five defendants in a double homicide case. She’s due for a cesarean section in December to give birth to twins, and has been planning to take time off following the procedure.\u003c/p>\n\u003cp>So she was shocked when \u003ca href=\"https://www.linkedin.com/in/leighfrazier/\">Deputy District Attorney Leigh Frazier\u003c/a> filed a motion in Superior Court to get Hessling removed from the case. The court document argues that Hessling's maternity leave was not unexpected, and so doesn't amount to \"good cause to continue the case under the law.\"\u003c/p>\n\u003cp>In other words, it's not a good enough reason to delay the trial.\u003c/p>\n\u003cfigure id=\"attachment_11630961\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11630961\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/HesslingAndSon-800x735.jpg\" alt=\"Defense Attorney Renee Hessling holds her son Jasper, soon to be joined by twin siblings.\" width=\"800\" height=\"735\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-800x735.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-160x147.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-1020x937.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-1180x1084.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-960x882.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-240x220.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-375x344.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/HesslingAndSon-520x477.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Defense attorney Renee Hessling holds her son, Jasper, soon to be joined by twin siblings. \u003ccite>(Courtesy Renee Hessling)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"My response actually was just this visceral, 'Are you kidding me?' \" says Hessling. In her view, the DA is holding her request for a medical leave to a different standard because she's a woman.\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>\"You know I’m not asking for a vacation with my newborn screaming twins,\" Hessling says. \"I’m going to be recovering from a horrible surgery and I’m going to need eight weeks per the state’s disability to recover from that. And then I'll be back and I'm ready to go.\"\u003c/p>\n\u003cp>Hessling adds that it will take longer to get a replacement attorney up to speed on the case than it will for her to return to work.\u003c/p>\n\u003cp>The District Attorney's Office blames the defense lawyers in the case for putting the prosecution in a difficult position.\u003c/p>\n\u003cp>\u003ca href=\"https://www.sccgov.org/sites/da/aboutus/attorneydirectory/Pages/default.aspx\">Assistant DA James Gibbons-Shapiro\u003c/a> says one of the defendants in the case set a ticking clock in motion when he invoked his right to a speedy trial. When that happens, Gibbons-Shapiro says, prosecutors face the possibility of the case being dismissed after 60 days unless a judge finds good cause to go past that deadline.\u003c/p>\n\u003cp>[OppositionPotential]\u003c/p>\n\u003cp>\"So all the risk for violating someone's right to a speedy trial is with the prosecution and the families of the victims of this murder,\" he says.\u003c/p>\n\u003cp>Gibbons-Shapiro says the law is not clear on this issue. He says prosecutors have not found a case that shows maternity leave as good legal cause to go beyond the 60-day deadline. And that's why the DA was seeking a judge's determination on the matter.\u003c/p>\n\u003cp>Gibbons-Shapiro says the defendant who invoked his right to a speedy trial now has agreed to waive that right -- so the DA plans to drop the motion.\u003c/p>\n\u003cp>Nevertheless, legal experts say that doesn’t erase the flaws inherent in the original filing.\u003c/p>\n\u003cp>\"If there was not so much at stake, I would call it silly,\" says Santa Clara University associate law professor \u003ca href=\"http://law.scu.edu/faculty/profile/russell-margaret/\">Margaret Russell\u003c/a> with the \u003ca href=\"https://www.scu.edu/ethics/\">Markkula Center for Applied Ethics\u003c/a>.\u003c/p>\n\u003cp>\"I think it’s just not a common sense argument and it is a discriminatory argument because it really relies upon a non-accommodation of something that is protected under law -- that is pregnancy and childbirth.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Russell says it’s regrettable the DA continues to defend an argument based on gender discrimination rather than acknowledging it as just an unfortunate misstep.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11630737/santa-clara-prosecutor-moves-to-dismiss-defense-attorney-because-shes-pregnant","authors":["1329"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_17825","news_17725","news_17911","news_18188"],"featImg":"news_11630937","label":"news_6944"},"news_11408633":{"type":"posts","id":"news_11408633","meta":{"index":"posts_1591205157","site":"news","id":"11408633","score":null,"sort":[1492212625000]},"guestAuthors":[],"slug":"trumps-plan-to-cut-sanctuary-funds-threatens-s-f-santa-clara-counties-judge-says","title":"Trump's Plan to Cut 'Sanctuary' Funds Threatens S.F., Santa Clara Counties, Judge Says","publishDate":1492212625,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal judge says San Francisco and Santa Clara counties are at risk from the Trump administration's threat to cut funding for local governments with sanctuary policies.\u003c/p>\n\u003cp>“San Francisco believes it has a target on its back,” San Francisco Deputy City Attorney Sara Eisenberg told \u003ca href=\"http://www.cand.uscourts.gov/who\" target=\"_blank\">U.S. District Judge William Orrick\u003c/a> Friday during a hearing on legal challenges to President Trump’s \u003ca href=\"https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united\" target=\"_blank\">executive order\u003c/a> to slash federal funds from cities, counties and states that have so-called sanctuary policies.\u003c/p>\n\u003cp>\"We know we don’t have to wait for that arrow to hit that target,\" she said.\u003c/p>\n\u003cp>Attorneys for San Francisco and Santa Clara counties brought the complaint in U.S. District Court.\u003c/p>\n\u003cp>During the hearing in San Francisco, Orrick asked the counties to respond to the federal government's main argument that the counties lack the right to challenge the order because, so far, neither has lost any federal funding.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We believe that they are coming for San Francisco's funds,” Eisenberg said.\u003c/p>\n\u003cp>San Francisco receives roughly $2 billion a year in federal funds. Santa Clara County relies on $1.7 billion.\u003c/p>\n\u003cp>The counties are seeking a nationwide injunction against parts of the Jan. 25 executive order that they say threatens all of that money and puts their fiscal health at risk.\u003c/p>\n\u003cp>But the government's lawyer, Acting Assistant Attorney General Chad Readler, refuted the claims. He said the counties were interpreting the executive order \"in the broadest terms.\"\u003c/p>\n\u003cp>\u003cstrong>Executive Order 13768\u003c/strong>\u003c/p>\n\u003cp>The order states that people who enter the United States or overstay visas present “a significant threat to national security and public safety,” a threat the Trump administration asserts is heightened by jurisdictions that shield immigrants from deportation.\u003c/p>\n\u003cp>The order instructs the U.S. attorney general and the secretary of Homeland Security to identify and penalize any jurisdiction that “prevents or hinders” enforcement of U.S. immigration law.\u003c/p>\n\u003cp>Readler asserted that the only federal funds that might be cut are grants from the Department of Justice to fund local policing initiatives, and only if jurisdictions violate a federal statute that says no local authority can hinder communication between law enforcement and ICE regarding a person's immigration status.\u003c/p>\n\u003cp>Readler added that neither San Francisco nor Santa Clara had been found to violate that provision.\u003c/p>\n\u003cp>San Francisco's laws prohibit law enforcement officers from responding with ICE detainer requests and limit when to give ICE advance notice of a person's release date.\u003c/p>\n\u003cp>Santa Clara County adopted a \"civil detainer policy” in 2011 that included a provision that the county would honor detainers for serious or violent felons only if ICE would agree in writing to reimburse all costs. ICE refused, and the county stopped honoring detainer requests in October 2011.\u003c/p>\n\u003cp>Attorneys for the counties said the executive order has to be considered in the context of threats by Trump, the White House press secretary and U.S. Attorney General \u003ca href=\"https://www.c-span.org/video/?c4663754/ag-sessions-sanctuary-cities\" target=\"_blank\">Jeff Sessions\u003c/a> to punish local jurisdictions that do not respond to \u003ca href=\"https://www.ice.gov/detainer-policy\" target=\"_blank\">detainer requests\u003c/a> from ICE.\u003c/p>\n\u003cp>ICE issues these administrative warrants to get local law enforcement officials who are holding undocumented inmates in jail or prison to continue to hold them until federal agents can arrive to take them into custody.\u003c/p>\n\u003cp>Many jurisdictions, including some that do not identify as sanctuaries, \u003ca href=\"https://www.americanimmigrationcouncil.org/research/immigration-detainers-overview\" target=\"_blank\">refuse\u003c/a> to honor these requests because \u003ca href=\"https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/04/17/ice-detainer-4th-amendment-violation-miranda-olivares-v-clackamas-county.aspx\" target=\"_blank\">courts\u003c/a> have found them unconstitutional.\u003c/p>\n\u003cp>Attorney John Keker, arguing for Santa Clara County, told Judge Orrick the Trump administration is using the executive order in his own words \"as a 'weapon' to deprive jurisdictions of the money they need to operate.\"\u003c/p>\n\u003cp>But Readler put that down to the \"heated political debate about immigration.\" He said, “There’s no actual enforcement action on the table or even being threatened.”\u003c/p>\n\u003cp>Orrick disagreed. The judge labeled the threat to county budgets an indisputable fact.\u003c/p>\n\u003cp>\"Is it true that every day you are owed millions of dollars by the federal government for services provided?\" Orrick asked Santa Clara County counsel James Williams.\u003c/p>\n\u003cp>Williams answered that the county spends on average $4 million to $5 million a day that it relies on the federal government to reimburse.\u003c/p>\n\u003cp>Orrick said he would issue a ruling as soon as he can.\u003c/p>\n\u003cp>\u003cstrong>Constitutionality of Cuts May Come Down to Economic Impact\u003c/strong>\u003c/p>\n\u003cp>Both county’s lawsuits cite a\u003ca href=\"http://www.scotusblog.com/case-files/cases/national-federation-of-independent-business-v-sebelius/\" target=\"_blank\"> U.S. Supreme Court decision\u003c/a> striking down part of the Affordable Care Act that would have cut all Medicaid funding for states that refused to expand the program. The move would have cut an average 10 percent of state budgets. The court said that was too coercive.\u003c/p>\n\u003cp>Justice John Roberts called the cuts “a gun to the head”\u003c/p>\n\u003cp>But in the case challenging the administration’s crackdown on sanctuary cities, UC Berkeley Law Professor John Yoo thinks the government is well within its rights.\u003c/p>\n\u003cp>\"It’s not unconstitutional for the federal government to place conditions on the use of funds, or to cut off funds altogether,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Yoo served in the Justice Department of President George W. Bush, and says in an earlier case out of South Dakota the Supreme Court ruled that it was OK to withhold highway funds to get state officials to raise the drinking age to 21. In that case the cuts represented a tiny share of the state budget -- less than half a percent.\u003c/p>\n\n","blocks":[],"excerpt":"'We believe they are coming for San Francisco’s funds,' a deputy city attorney said during a hearing on challenges to a presidential executive order to slash federal funds from 'sanctuary' cities.","status":"publish","parent":0,"modified":1492214722,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":902},"headData":{"title":"Trump's Plan to Cut 'Sanctuary' Funds Threatens S.F., Santa Clara Counties, Judge Says | KQED","description":"'We believe they are coming for San Francisco’s funds,' a deputy city attorney said during a hearing on challenges to a presidential executive order to slash federal funds from 'sanctuary' cities.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump's Plan to Cut 'Sanctuary' Funds Threatens S.F., Santa Clara Counties, Judge Says","datePublished":"2017-04-14T23:30:25.000Z","dateModified":"2017-04-15T00:05:22.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11408633 https://ww2.kqed.org/news/?p=11408633","disqusUrl":"https://ww2.kqed.org/news/2017/04/14/trumps-plan-to-cut-sanctuary-funds-threatens-s-f-santa-clara-counties-judge-says/","disqusTitle":"Trump's Plan to Cut 'Sanctuary' Funds Threatens S.F., Santa Clara Counties, Judge Says","path":"/news/11408633/trumps-plan-to-cut-sanctuary-funds-threatens-s-f-santa-clara-counties-judge-says","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge says San Francisco and Santa Clara counties are at risk from the Trump administration's threat to cut funding for local governments with sanctuary policies.\u003c/p>\n\u003cp>“San Francisco believes it has a target on its back,” San Francisco Deputy City Attorney Sara Eisenberg told \u003ca href=\"http://www.cand.uscourts.gov/who\" target=\"_blank\">U.S. District Judge William Orrick\u003c/a> Friday during a hearing on legal challenges to President Trump’s \u003ca href=\"https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united\" target=\"_blank\">executive order\u003c/a> to slash federal funds from cities, counties and states that have so-called sanctuary policies.\u003c/p>\n\u003cp>\"We know we don’t have to wait for that arrow to hit that target,\" she said.\u003c/p>\n\u003cp>Attorneys for San Francisco and Santa Clara counties brought the complaint in U.S. District Court.\u003c/p>\n\u003cp>During the hearing in San Francisco, Orrick asked the counties to respond to the federal government's main argument that the counties lack the right to challenge the order because, so far, neither has lost any federal funding.\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>“We believe that they are coming for San Francisco's funds,” Eisenberg said.\u003c/p>\n\u003cp>San Francisco receives roughly $2 billion a year in federal funds. Santa Clara County relies on $1.7 billion.\u003c/p>\n\u003cp>The counties are seeking a nationwide injunction against parts of the Jan. 25 executive order that they say threatens all of that money and puts their fiscal health at risk.\u003c/p>\n\u003cp>But the government's lawyer, Acting Assistant Attorney General Chad Readler, refuted the claims. He said the counties were interpreting the executive order \"in the broadest terms.\"\u003c/p>\n\u003cp>\u003cstrong>Executive Order 13768\u003c/strong>\u003c/p>\n\u003cp>The order states that people who enter the United States or overstay visas present “a significant threat to national security and public safety,” a threat the Trump administration asserts is heightened by jurisdictions that shield immigrants from deportation.\u003c/p>\n\u003cp>The order instructs the U.S. attorney general and the secretary of Homeland Security to identify and penalize any jurisdiction that “prevents or hinders” enforcement of U.S. immigration law.\u003c/p>\n\u003cp>Readler asserted that the only federal funds that might be cut are grants from the Department of Justice to fund local policing initiatives, and only if jurisdictions violate a federal statute that says no local authority can hinder communication between law enforcement and ICE regarding a person's immigration status.\u003c/p>\n\u003cp>Readler added that neither San Francisco nor Santa Clara had been found to violate that provision.\u003c/p>\n\u003cp>San Francisco's laws prohibit law enforcement officers from responding with ICE detainer requests and limit when to give ICE advance notice of a person's release date.\u003c/p>\n\u003cp>Santa Clara County adopted a \"civil detainer policy” in 2011 that included a provision that the county would honor detainers for serious or violent felons only if ICE would agree in writing to reimburse all costs. ICE refused, and the county stopped honoring detainer requests in October 2011.\u003c/p>\n\u003cp>Attorneys for the counties said the executive order has to be considered in the context of threats by Trump, the White House press secretary and U.S. Attorney General \u003ca href=\"https://www.c-span.org/video/?c4663754/ag-sessions-sanctuary-cities\" target=\"_blank\">Jeff Sessions\u003c/a> to punish local jurisdictions that do not respond to \u003ca href=\"https://www.ice.gov/detainer-policy\" target=\"_blank\">detainer requests\u003c/a> from ICE.\u003c/p>\n\u003cp>ICE issues these administrative warrants to get local law enforcement officials who are holding undocumented inmates in jail or prison to continue to hold them until federal agents can arrive to take them into custody.\u003c/p>\n\u003cp>Many jurisdictions, including some that do not identify as sanctuaries, \u003ca href=\"https://www.americanimmigrationcouncil.org/research/immigration-detainers-overview\" target=\"_blank\">refuse\u003c/a> to honor these requests because \u003ca href=\"https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/04/17/ice-detainer-4th-amendment-violation-miranda-olivares-v-clackamas-county.aspx\" target=\"_blank\">courts\u003c/a> have found them unconstitutional.\u003c/p>\n\u003cp>Attorney John Keker, arguing for Santa Clara County, told Judge Orrick the Trump administration is using the executive order in his own words \"as a 'weapon' to deprive jurisdictions of the money they need to operate.\"\u003c/p>\n\u003cp>But Readler put that down to the \"heated political debate about immigration.\" He said, “There’s no actual enforcement action on the table or even being threatened.”\u003c/p>\n\u003cp>Orrick disagreed. The judge labeled the threat to county budgets an indisputable fact.\u003c/p>\n\u003cp>\"Is it true that every day you are owed millions of dollars by the federal government for services provided?\" Orrick asked Santa Clara County counsel James Williams.\u003c/p>\n\u003cp>Williams answered that the county spends on average $4 million to $5 million a day that it relies on the federal government to reimburse.\u003c/p>\n\u003cp>Orrick said he would issue a ruling as soon as he can.\u003c/p>\n\u003cp>\u003cstrong>Constitutionality of Cuts May Come Down to Economic Impact\u003c/strong>\u003c/p>\n\u003cp>Both county’s lawsuits cite a\u003ca href=\"http://www.scotusblog.com/case-files/cases/national-federation-of-independent-business-v-sebelius/\" target=\"_blank\"> U.S. Supreme Court decision\u003c/a> striking down part of the Affordable Care Act that would have cut all Medicaid funding for states that refused to expand the program. The move would have cut an average 10 percent of state budgets. The court said that was too coercive.\u003c/p>\n\u003cp>Justice John Roberts called the cuts “a gun to the head”\u003c/p>\n\u003cp>But in the case challenging the administration’s crackdown on sanctuary cities, UC Berkeley Law Professor John Yoo thinks the government is well within its rights.\u003c/p>\n\u003cp>\"It’s not unconstitutional for the federal government to place conditions on the use of funds, or to cut off funds altogether,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Yoo served in the Justice Department of President George W. Bush, and says in an earlier case out of South Dakota the Supreme Court ruled that it was OK to withhold highway funds to get state officials to raise the drinking age to 21. In that case the cuts represented a tiny share of the state budget -- less than half a percent.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11408633/trumps-plan-to-cut-sanctuary-funds-threatens-s-f-santa-clara-counties-judge-says","authors":["6625"],"programs":["news_6944","news_72"],"categories":["news_1169","news_8","news_13"],"tags":["news_17825","news_3716","news_1323","news_19542","news_20445","news_17286","news_17041","news_20529","news_1172"],"featImg":"news_11408830","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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