Wednesday, November 3, 2010

No Judge: Case Dismissed

A society cannot effectively fight crime if it will not fund the judges needed to try criminal cases, but that is apparently what has happened in California, as this story in the Los Angeles Times reports.

An excerpt.

“A shortage of judges in Riverside County has led to the dismissal of hundreds of criminal cases, a practice the California Supreme Court upheld on Monday and blamed on the state's budget woes.

“In unanimous ruling, the state high court said Riverside County's dearth of judges represented a "chronic" problem that was the fault of the budget-strapped state.

“The case before the court involved an accused burglar, one of 18 criminal defendants whose cases were dismissed on the same day after they invoked their rights to speedy trials. Two of the 18 were charged with felonies.

“Riverside County Deputy Public Defender William A. Meronek said Monday's ruling also would end prosecution for as many as 300 other defendants whose cases were on appeal after being dismissed for lack of judges. But Riverside County Deputy Dist. Atty. Alan Tate said his office would fight to prosecute the most serious of the dismissed cases.

"There are quite a few very serious allegations, some involving dead bodies — vehicular manslaughter, assault on police officer, assault with deadly weapon, crimes against children," said Tate, who argued the case before the Supreme Court.

“The judiciary has long insisted that California needs more judges, but nowhere has the shortage been more dramatic than in Riverside County.

“Chief Justice Ronald M. George, writing for the court, said in Monday's ruling that "the lack of available courtrooms and judges was attributable to the Legislature's failure to provide a number of judges and courtrooms sufficient to meet the rapidly growing population in Riverside County."