Daily Journal: Legislator who highlighted judge shortages tries once again

by Malcolm Maclachlan -- State Sen. Richard Roth was a driving force behind the effort to fund 50 judgeships first approved in the Schwarzenegger era. Now, entering his final two years in office, the Riverside based Democrat has introduced a bill to create 26 new judgeships. But SB 75 faces long odds in light of the shrinking state budget.

According to the language of SB 75 as introduced last week, “Inland Southern California, the County of Riverside has experienced a 62% increase in population since 2000 and the County of San Bernardino, with a 33% increase in population during the same period, has experienced similar explosive growth. As a result, the 2022 Judicial Needs Assessment determined that, of the 98 positions required in the state, the counties of Riverside and San Bernardino need a total of 52 of those judicial positions in order to provide appropriate access.”

“We’re very pleased to have the continued support of Sen. Roth in putting forth that bill seeking to get additional judgeships for not only the Inland Empire but all of the under-resourced courts throughout the state,” said Riverside County Superior Court Presiding Judge Judith C. Clark. “I think we all recognize that in a time of economic uncertainty with budget projections for the state that may impact the rate at which those judgeships can be funded or filled, but step one is always the allocation of the new judgeships.”

The latest numbers are a significant improvement from the 2012 Judicial Needs Assessment, issued the same year Roth was first elected to the Senate. That report showed Riverside and San Bernardino counties needed 129 new judges between them. This is largely because of Roth, who has spoken often about witnessing the effects of the judge shortage during his career as a labor and employment attorney in Riverside.

He introduced at least four bills to fund some of the 50 judge positions created when Gov. Arnold Schwarzenegger signed AB 159 in 2007. None of these passed, but they helped draw attention to the problem and ensure the 50 positions were funded as part of larger budget measures between 2018 and 2022. Of these, 27 positions went to Riverside and San Bernardino counties, according to Roth’s staff.

The 2007-2008 state budget marked the beginning of the financial crisis, while the 2022-2023 budget relied on the highest revenues in state history. That money is drying up. Last week, Gov. Gavin Newsom announced a smaller state spending plan for the 2023-2024 budget year.

The courts suffered only minor cuts, but there appears to be little additional funding available. The Legislative Analyst’s Office released a report last week finding additional budget cuts may be needed. Newsom’s latest plan allocates $42.3 million to pay for the 23 judgeships approved as part of last year’s budget. This suggests an additional 26 positions would cost about $48 million annually.

Meanwhile, judge shortages are still centered in many of the same fast-growing inland counties that had them a decade ago. According to the Judicial Council’s 2022 report, the 98 judges are needed in just 17 counties. Only two of these are coastal; Humboldt and Orange each need one more judge to fulfill their “judicial need,” as assessed in the report. Kern, Fresno, Sacramento and San Joaquin counties need 28 judges among them.

The Riverside County court made headlines late last year when it dismissed nearly 1,100 criminal cases. Presiding Judge John M. Monterosso warned in an Oct. 25 news release that such a move might be necessary after the Judicial Council discontinued temporary rules suspending deadlines for bringing criminal defendants to trial. Monterosso, whose term ended this month, said the backlogs “due to a chronic shortage of judges is not good cause to continue a criminal case” and that he shared in the “frustration when a case is not resolved on the merits.”

“We were fortunate to bring onboard four new judges at the beginning of the year,” Clark said. “We’re hopeful that several additional new criminal trial departments will help to mitigate those issues.”

In October, Riverside County District Attorney Mike Hestrin appealed the court’s dismissal of a felony assault case — involving a machete attack causing great bodily harm. His prosecutors argued the lack of a criminal courtroom was caused by the COVID-19 pandemic and that they should be granted a continuance. People v. Tapia, E080079 (Cal. App. 4th, filed Oct. 28, 2022).

Newsom has also left many existing positions empty. There are currently 111 open superior court judgeships in the state, including six in Riverside and eight in San Bernardino. There were just eight such vacant positions the month Newsom took office four years ago, according to the Judicial Council’s monthly Judicial Vacancy Reports.