Last week, the Town Crier reported on the Riverside County Board of Supervisors asking the county executive and its legal staff to develop recommendations to cope with the dramatic dismissal of criminal cases before they could come to trial.
The Riverside County Superior Court issued some comments about the situation last week. District Attorney Michael Hestrin also issued another statement regarding the continuation of these dismissals.
In his press release, Hestrin noted that the number of dismissed cases since October has exceeded 1,500. This includes both felony and misdemeanor. The misdemeanor cases cannot be refiled, he stated.
However, he specifically addressed three criminal cases, all felony child sexual assault charges, that were dismissed in late January. The defendants and the case numbers were Norman Martinez Garcia (RIF2101260), Daniel Cintron (RIF2002317) and Angel Torres Salas (RIF2002269).
In each instance, the district attorney’s office told the court that it was prepared to begin the trial. Nevertheless, each case was dismissed because there was no judge available. However, Hestrin’s office has refiled new cases against each defendant.
According to Hestrin, the cases were dismissed “… due to the court’s inability to begin the trial within the timeframe required by law …
“Our office opposed Judge Prevost’s decision, arguing that the court’s decision to leave several courtrooms closed while their judges attended training, along with other judges being out ill, justified a short continuance of the case,” Hestrin said in the release.
“I understand the need for ongoing training, however, when our courts are experiencing a crisis and engaging in the mass dismissal of cases, victims of crime deserve the right to be the priority,” said Hestrin. “Over the last three months, the courts have dismissed over 1,500 cases, some of which are serious felonies such as these three sexual assault cases involving children.”
While acknowledging the shortages of judges, the Superior Court listed several reasons for dismissing cases.
The first, and primary reason, was the shortage of judges. According to the most recent assessment of judicial needs based on county population, Riverside County should have 112 judges but only has 90.
Consequently, there are more cases ready for trial than judges available to oversee the proceedings and the California Supreme Court has established reasons for continuations.
“The continuance of a case beyond its last day for trial is based upon a finding of ‘good cause.’ … but prior rulings by the California Supreme Court have made clear that chronic neglect by the state in providing adequate judicial resources does not constitute good cause to continue a case, i.e., suspending an individual’s constitutional right to a speedy trial, within the meaning of Penal Code Section 1382,” the Superior Court explained in its press release.
In anticipation of the increased trial caseload, Marita C. Ford, public information officer for the Superior Court said the “… Court took a number of steps to help minimize the number of cases that might be dismissed.”
Some of the actions the court took Ford listed as:
• Re-designated more departments to hear criminal trials.
• Opened four more criminal trial departments as new judicial officers were appointed. Two more criminal departments were to open based upon the appointment of two new judges Jan. 31, 2023.
• Moved court reporters from nonmandated court assignments to allow opening more criminal trial departments.
• Designated all unlimited civil judges as possible criminal trial departments. Since October, these judges have handled 41 criminal cases in addition to their full civil caseloads.
• Continue to operate mandatory settlement conference calendars regionally to facilitate disposition.
• Calling criminal trials multiple times per day in the event a trial courtroom becomes available.
• Assigning criminal trials to a courtroom immediately after it becomes available, such as when the jury in its previous case commences deliberations.
• Using every available retired judge through the Temporary Assigned Judges Program administered by the chief justice’s office.
Last week, Gov. Gavin Newsom also announced two appointments for judges on the Riverside County Superior Court. Jason Armand, 45, and Laura Garcia, 45.
Armand has served as a deputy district attorney at the Riverside County District Attorney’s Office since 2007. Garcia has served in Riverside County. Currently, she is a commissioner at the Riverside County Superior Court. Before 2021, she served as a deputy public defender in the county’s Public Defender’s Office from 2008 to 2021.
