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Federal Lawsuit to End Money Bail Presses Forward

San Francisco, CA — A class action lawsuit seeking to end the practice of money bail in San Francisco will move forward against the city’s sheriff, a federal judge has ruled.

United States District Court Judge Yvonne Gonzalez Rogers ruled Friday that the lawsuit, which takes aim at San Francisco’s “wealth-based detention scheme,” may proceed against Sheriff Vicki Hennessy for future structural reforms that could end the city’s money bail system. Gonzalez Rogers dismissed the lawsuit against the City and County of San Francisco and the state Attorney General. Gonzalez Rogers denied the California Bail Bonds Association’s request to join the list of defendants.

Gonzalez Rogers ordered Hennessey to file an answer to the complaint by Nov. 1. Hennessey has never taken an official position on money bail. Her predecessor, Ross Mirkarimi, opposed its use, while California Attorney General Kamala Harris has defended it.

Equal Justice Under Law, a Washington, D.C.-based civil rights organization that fights systemic inequalities in the legal system, filed the lawsuit on Oct. 28, 2015 on behalf of Riana Buffin and Crystal Patterson, who were unable to afford their bail after being arrested in San Francisco last year. Phil Telfeyan, the organization’s Executive Director, called the judge’s ruling “a great victory.”

“It allows our claims against San Francisco’s unjust bail system to move forward, and it requires Sheriff Hennessy to state her official position regarding the unfairness of money bail. We trust that Sheriff Hennessy will recognize the inherent inequality in a system that frees the rich and jails the poor,” Telfeyan said.

The lawsuit alleges that San Francisco’s bail system is unconstitutional because it violates the principle of equal protection under the law. San Francisco’s fixed bail schedule, set by San Francisco Superior Court judges and ranking among the most expensive in the state, sets bail amounts based on offense and does not take individual circumstances or public safety into account, according to the lawsuit.  Approximately 50 people per day and 18,000 people per year are booked into San Francisco County Jail.  About 85 percent of inmates have not yet been convicted.  Because they cannot afford bail, they can remain locked up for months while awaiting trial, often losing their housing, jobs, or children.

The lawsuit argues that appropriate conditions of release — including pretrial release services and text message or phone call reminders of court dates — can save taxpayer dollars while also increasing public safety and court appearance rates.  The lawsuit also calls for appropriate alternatives to pretrial incarceration such as electronic monitoring, intervention and rehabilitation programs, stay-away orders, and home detention.

Since the beginning of 2015, Equal Justice Under Law has filed eleven class action challenges to money bail systems in eight states.  As a result, cities in Alabama, Kansas, Missouri, Mississippi, and Louisiana have reformed their practices to end the use of secured money bail for new arrestees.

San Francisco Public Defender Jeff Adachi, whose office represented Buffin and Patterson before prosecutors dropped criminal charges against both women, said high bails can motivate innocent people to get plead guilty to crimes simply to be released from jail.

“It makes no sense that wealthy people charged with serious crimes can buy their way out of jail without regard for public safety while poor people charged with minor offenses languish behind bars,” Adachi said.

Telfeyan said Equal Justice Under Law will continue to litigate aggressively to prove to the court that money bail in San Francisco discriminates based on wealth-status, creating two separate systems of justice, one for the rich and another for people who are poor.

“Jailing people simply because they are too poor to afford bail offends basic principles of fairness that are deeply rooted in our society,” he said.

Judge Gonzalez Rogers’ ruling can be found here:http://equaljusticeunderlaw.org/wp/wp-content/uploads/2016/10/99-2016-10-14-Dismissal-Order.pdf

The lawsuit can be found here: http://equaljusticeunderlaw.org/wp/wp-content/uploads/2016/10/71-2016-05-27-Third-Amended-Complaint.pdf

Man Acquitted of Brotherly Burglary

San Francisco—A man accused of breaking into his adopted brother’s apartment has been acquitted of all charges following a jury trial, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated more than two days before finding 47-year-old Sang Hong not guilty of first degree residential burglary with a hot prowl allegation. Hong faced up to 20 years in prison if convicted, said his attorney, Deputy Public Defender Yali Corea-Levy.

When Hong was a child in Vietnam, his parents took in a boy orphaned by the war and raised him as their own. The brothers eventually immigrated to San Francisco. Hong’s brother married and had two daughters, while Hong, a cook, struggled with unemployment and homelessness.

At the time of the incident, Hong was living in the boiler room of his brother’s Post Street apartment building. His brother would allow him to shower, keep clothes and receive mail at his apartment. But Hong, who would knock on the door both day and night, had become a nuisance to his brother’s wife and two teenage daughters, Corea-Levy said.

On July 21, Hong slipped into his brother’s apartment through the bathroom window to use the toilet, unaware his two nieces were home. The elder sister, 18, called her mother, who called 911.

When police arrived, the girl told officers that Hong appeared to be looking for money on a shelf. She also distanced herself from her uncle, telling police he was a friend of her father’s whom she had never met in person. Police arrested Hong in the boiler room.

During the trial, however, the girl testified that the family never kept money on the shelf. Instead, it contained an altar devoted to Hong’s late parents. She also testified she would be happy if she never saw Hong again.

Corea-Levy said the case was one of strained family relations, not criminal conduct.

“For Mr. Hong, this was his family and the closest thing to an address to call his own,” Corea-Levy said. “For his brother’s wife and children, Mr. Hong’s neediness had become intolerable and they wanted to get rid of him by any means necessary.”

While Hong did not have permission to enter the apartment while his brother was away, jurors determined he did not have the intent to steal and acquitted him of burglary.

Adachi said the case was outrageously overcharged.

“It’s unfathomable that  Mr. Hong was facing years in prison for entering his brother’s apartment without permission in order to use the bathroom,” Adachi said. “Fortunately, his public defender was able to bring the truth to light.”

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Men Acquitted in Henry Hotel Shooting Death

San Francisco—Two men charged in connection with a 2014 fatal shooting at a Sixth Street hotel were acquitted today after evidence showed they acted to defend a front desk clerk under attack, San Francisco Public Defender Jeff Adachi announced.

Jurors deliberated six days before acquitting Darrius York, 36, of murder in the death of 18-year-old Daniel Beltran. York was also found not guilty of two counts of assault with a semi-automatic firearm, and two counts of assault with force likely to produce great bodily injury. He was convicted of a single count of possession of a firearm by a felon.

York, who has no history of violence and had never shot a gun before the incident, sobbed with gratitude when the jury returned its verdict, said his attorney, Deputy Public Defender Matt Sotorosen.

York’s codefendant and childhood friend Joseph Young, 35, was acquitted of two counts of assault with a semi-automatic firearm and two counts of assault likely to produce great bodily injury. Young was convicted of misdemeanor assault and sentenced to time served. He was represented by attorney Robert Waggener.

The July 22, 2014 confrontation began when Beltran and a 25-year-old friend came to the Henry Hotel at 5:15 a.m., reportedly to buy cocaine. The front desk clerk, a 57-year-old man with a limp and failing vision, told the pair they needed to pay a $10 entry fee and show identification.

The young men refused, claimed gang membership, and threatened to shoot him, the desk clerk testified. During the confrontation, the frightened desk clerk spotted York coming downstairs from his room. He rushed to York, who he had known for years, and told him the men were threatening to kill him and advised him to get a gun to protect him.

York and Young came downstairs together and a fistfight broke out in the lobby. York shot Beltran once in self-defense. The confrontation was caught on surveillance video.

“The evidence proved that the two younger men were the initial aggressors, and Mr. York was protecting himself and his companions in his place of residence,” Sotorosen said. “It was a split second, life altering decision he made because he felt lives were at risk.”

The jury applied the law, which is clear in cases of self-defense or defense of others, Sotorosen said.

“If you honestly and reasonably believe someone is going to kill you, you’re allowed to use lethal force,” he said.

Adachi said the verdict concludes a two-year legal nightmare for York.

“Darrius York was thrown into a life-or-death situation where he was asked to protect a vulnerable friend. He has been in jail ever since. Luckily, he had a public defender who was determined to fight for him and a jury who carefully considered all the evidence,” Adachi said.

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Recycler Acquitted of Chasing Condo Resident With Knife

San Francisco, CA — A homeless man accused of attempting to knife a resident who wanted him to leave the area has been acquitted of all charges, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated two hours before finding 54-year-old Michael Adams not guilty Thursday of felony assault with a deadly weapon and misdemeanor brandishing of a knife. If convicted, he faced up to five years behind bars, said his attorney, Deputy Public Defender Alexandra Pray.

Adams, a former member of a steel drum band who came to San Francisco 20 years ago from the West Indies, has been homeless since 2012. He collects recycling daily in order to earn a living, Pray said.

On May 6, he was sorting his recycling and packaging it for transport in front of a Mission Bay condo complex when two sisters walking their dogs confronted him. Adams recognized one of the women as a resident who had given him $10 to leave the area the previous day.

One of the women scolded Adams that he was blocking the sensor to the building’s garage and told him to move along. Adams, who did not want to abandon his recycling, argued that he had a right to be on the sidewalk. The woman snapped his photo before the pair left.

They did not stay gone long. Worried about the security of their building, they decided to go back and again confront Adams. One of them dialed police while her sister approached the recycler.

The woman told Adams officers were on their way. She offered to call him an Uber to a shelter, but warned him he would face police action if he did not accept her offer. Adams declined, again insisting he had a right to be in the area. Adams, who is black, lectured the women that white newcomers like themselves had pushed minorities off their land for centuries.

As they argued, the woman spotted Adams’ two knives—a small kitchen knife and a paring knife with a broken tip—sitting nearby. Adams uses the knives in his recycling work, which involves cutting twine and breaking down metal.

The woman began screaming that Adams had knives, and he picked up the smaller knife with the broken tip.

The woman told police that Adams chased her 20-30 yards, making stabbing motions toward her torso, while she and her dog ran backward. As he pursued her, she said, he shouted that he was not a violent man. She testified that she interpreted this statement to mean Adams was frustrated by her attempts to escape being stabbed. After Adams abruptly stopped chasing her, she said, she and her sister waited at the scene for police.

Adams told a different story, telling police and later testifying that he picked up the small, dull knife and held it in his flat palm to demonstrate to the screaming woman its relative uselessness as a weapon, while insisting he was not dangerous.

During the trial, Adams—whose last conviction was a marijuana offense 22 years ago—characterized the argument as “a bit contentious” but insisted he did not intend to commit any violence against either woman.

The women’s behavior on the stand did not appear to help their credibility with the jury, Pray said. They were alternately irritated, unresponsive and evasive, Pray said. After being admonished by the judge not to speak over people as it makes the court reporter’s job difficult, one of the women snapped, “That’s not my problem. I didn’t ask to get nearly stabbed.”

Video of the incident failed to capture the entire confrontation, but the footage in evidence appeared to support Adams’s account, Pray said. The sisters testified that concerned neighbors came to their aid, but no neighbors testified during the trial. Prosecutors declined to play the 911 tape.

“This is a case of NIMBYism gone awry,” Pray said. “Mr. Adams was minding his own business and they harassed him again and again. They may have found his presence undesirable, but this city belongs to all residents, not just the wealthy.”

Adams was held in jail since his arrest, unable to afford bail, Adachi said.

“Mr. Adams lost four months of freedom because he is poor,” Adachi said. “Fortunately, the truth won out with the help of a committed public defender.”

The case is the second acquittal in two weeks involving a dispute between residents and recyclers.

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Bad Guys–Read Jeff Adachi’s Blog on Medium

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So you’ve been accused of a crime.

Maybe you’re completely innocent. Or guilty as sin. Either way, buckle up, because the well-worn wheels are now in motion. This ride will strip you of your humanity in a thousand ways. Your reputation will suffer. You will lose things: jobs, apartments, relationships. Maybe even your children.

In the world of public opinion, the cloak of suspicion will feel heavy on your back.

But things are different in the courtroom. Or at least, they’re supposed to be. Here, everyone is presumed innocent.

The presumption of innocence isn’t an empty platitude. It’s an absolute right enshrined in the U.S. Constitution. Without it, justice crumbles.

Nearly every miscarriage of justice can be traced by to violating a person’s presumption of innocence. It’s the single principle separating us from kangaroo courts, lynchings, and wrongful convictions.

So when a public sign in sheet in a San Francisco courtroom listed defendants as “bad guys,” my fellow public defenders and I were alarmed. When the judge laughed off the incident as a joke, we got angry.
To read more, click here

Recycler Acquitted of Assault on Men

San Francisco, CA — A homeless man was freed from jail after a jury acquitted him of assaulting two museum employees with a metal rod used to collect recycling, San Francisco Public Defender Jeff Adachi announced today.

A jury on Thursday found 41-year-old Luis English not guilty of assault with a weapon with force likely to cause great bodily injury, said his attorney, Deputy Public Defender Bonnie Chan. English was convicted of misdemeanor brandishing, and sentenced to time served, along with probation. All fines and fees were suspended in the interest of justice, and the judge did not grant a stay away order, since English sleeps in the area where the incident occurred.

English, who has been homeless since he came to San Francisco in 1989 from Florida, collects recycling daily along the city’s piers. Many employees of businesses in the area, including the Exploratorium, save their bottles and cans for English, Chan said.

On July 29, police were called to an alley near Pier 19 after two Exploratorium employees on their lunch hour called police. The men stated English overheard one of them saying they were tired of his presence, and took offense. They alleged that English threw a bottle in their direction, then pursued them. One of the men told police English lunged and swung at him repeatedly with his metal pick-up tool, missing him every time. When English fled, they followed him.

During the trial, however, English took the stand and recounted a much different story. English, who had been beaten in the middle of the night the week prior to his arrest, had just finished eating his Meals on Wheels lunch when the two men approached. When one of them falsely accused English of being a drug addict and using The Urinator review products to hide his addiction, English told them to leave him alone. When the men, who each stood nearly a foot taller than English, did not immediately retreat, a frightened English waved his metal pick-up tool in front of him in self-defense. When he then tried to get away from the men, they pursued him, he told the jury.

Chan argued that English was the victim of discrimination fueled by stereotypes.

“Mr. English has been bullied and harassed his whole life for not fitting in. He was a nobody to these men. They assumed he was less than human based on the way he looks and the fact that he goes through Dumpsters. They used his weakness against him and made up an exaggerated story to get him out of the area,” Chan said.

A police officer who took the stand said that he has long known English to be cooperative and testified he has never seen the homeless man being physically or verbally abusive.

English wept with relief when he was found not guilty of the main charge in the case, Chan said.

Adachi said that the trial process was empowering for English.

“Mr. English is used to being judged, but unaccustomed to being heard. In this case, he had a jury who really listened, and a public defender who saw his humanity and fought hard for him,” Adachi said.

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Man Cleared of Stealing City Truck

San Francisco, CA — A homeless man who was arrested for stealing a city maintenance truck was acquitted of all charges after a jury determined he was simply in the wrong place at the wrong time, San Francisco Public Defender Jeff Adachi announced today.

Jurors on Monday found Darwin Romero, 28, not guilty of auto theft and receiving stolen property. If convicted, he faced up to three years in state prison, said his attorney, Deputy Public Defender Kimberly Lutes-Koths.

The charges stemmed from an Oct. 5, 2015 incident involving the theft of a Department of Public Works truck. The DPW employee parked the vehicle near a job site on 8th and Harrison streets, leaving the door unlocked with his keys on the bench seat under some papers and a cell phone. As he worked with another man 60 feet away, a passing motorist honked and pointed at the DPW truck. The workers then spotted a strange man driving off in the truck.

DPW officials tracked the truck by GPS to the sprawling John McLaren Park. When police responded, the truck had been abandoned in a parking. Romero sat 15 feet away on a bench, intoxicated. Officers conducted a cursory walk through the park, but did not find anyone else.

The truck’s driver identified Romero in a “cold show” as the man who stole the vehicle, saying he recognized him by his blemishes.

During the trial, however, it became clear he had misidentified Romero, Lutes-Koths said. Responding officers testified that both workers initially described the thief as a 5’8” to 5’9” white man with reddish facial hair. Romero is a 5’ 2” Latino man with a black mustache.

An identification expert who took the stand testified that police conducted the cold show in an improper manner. By handing the driver his stolen belongings back seconds before asking him to identify Romero as the suspect, police planted the suggestion that the stolen belongings were found in Romero’s possession, the expert testified.

After identifying Romero, both workers began to add details to their initial suspect description that matched Romero.

“The expert testified how the brain doesn’t work like a camera. Instead, it gathers information from other sources and fills in gaps in memory,” Lutes-Koths said.

Jurors were also troubled by the lack of evidence gathered, such as fingerprints or DNA.

“Ultimately, there were lots of reasonable doubts. If the police had taken the time to investigate instead of assuming, they might have figured out who committed this crime,” Lutes-Koths said.

Eyewitness misidentification is one of the main causes of wrongful conviction, Adachi said.

“Some studies have shown up to 25 percent of all stranger eyewitness identifications are wrong. When you add in suggestive eyewitness identification procedures by police, that number rises,” Adachi said. “Mr. Romero had the misfortune of being in the park at the wrong time. Fortunately, he had a public defender who fought to clear his name.”

If you find yourself in a dilemma involving your vehicle, for example, if you suspect you car is a lemon, it’s wise to get in touch with your lawyer immediately.

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Adachi Joins Board of National Criminal Defense Group

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San Francisco, CA — San Francisco Public Defender Jeff Adachi has been elected to the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL), a 40,000-member bar association devoted to ensuring due process for those accused of crimes.

Adachi was elected Aug. 13 at the Association’s 59th annual meeting in Palm Beach, Fla.

“Jeff’s prominence in the public defense community is a reflection of NACDL’s role as the preeminent organization representing the nation’s entire criminal defense bar, including public, private, and military defense counsel, and defense lawyers in all practice settings,” said NACDL Executive Director Norman L. Reimer. “As is the case with all of NACDL’s leaders, Jeff’s participation on the NACDL Board will provide him with a national platform to promote much needed reform of the U.S. criminal justice system.”

Adachi has served as San Francisco’s elected Public Defender since 2002. Under his leadership, the San Francisco Public Defender’s office has earned a national reputation for its zealous advocacy, commitment to rehabilitation and reentry services, and its exposure of police misconduct. The office of 93 lawyers represent more than 23,000 people each year.

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Thousands of SF Students to Get Backpacks, Resources at Two August Events

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San Francisco, CA — As families feel the squeeze of San Francisco’s exorbitant cost of living, the San Francisco Public Defender’s MAGIC programs will distribute backpacks stuffed with school supplies to more than 3,500 children and youth during two August events.

Saturday, Aug. 6
Western Addition Health Fair and Backpack Giveaway.
10 am. -2 p.m.
Ella Hill Hutch Community Center – 1050 McAllister St.
More than 1,500 backpacks and school supply kits will be handed out to students from pre-K to college. Health care providers will offer vision and hearing screenings, glucose testing, and dental checkups; community based organizations will be available for families in need of resources and information. More than 80 community volunteers are expected to support the event. Citizen Film’s Buchanan Mall Change, a new series of short documentaries produced by and for Western Addition community members, will also be screened.

Saturday, Aug. 13
BVHP Annual Back to School Celebration and Backpack Giveaway
11 a.m. to 3 p.m.
NOW Hunters Point – 155 Jennings St.

Approximately 2,000 elementary, middle school, and high school students will receive school uniforms and backpacks stuffed with school supplies at the event’s new location. NOW Hunters Point, a project supported by Pacific Gas and Electric, activates a portion of the former Hunters Point power plant site with short-term events and community serving programs as part of an innovative site maintenance and long-term visioning strategy.

The site will be transformed into a large board game, where attendees must travel along “a pathway to school success” to earn their backpack and uniform after learning about the top-notch resources provided. Salvation Army will provide shuttle services at pre-determined stops.

NOW Hunters Point, a transformative community site owned by PG&E. The site will be transformed into a large board game, where attendees must travel along “a pathway to school success” to earn their backpack and uniform after learning about the top-notch resources provided. Salvation Army will provide shuttle services at pre-determined stops.

The two back-to-school events are among the largest and most comprehensive of their kind in the Bay Area, said San Francisco Public Defender Jeff Adachi.

“We want to ensure every child starting the school year in San Francisco has the foundation to build academic success,” Adachi said. “The MAGIC back to school events have been critical not only in providing families with back-to-school supplies, but also connecting them with health, housing, and legal resources,”

The annual events are held by MAGIC (Mobilization for Adolescent Growth in our Communities,) an organization initiated by the Public Defender’s Office in 2004. MAGIC reduces the number of youth who enter the juvenile justice system or fall through social service gaps by efficiently coordinating opportunities, support and resources. While Mo’ MAGIC centers its efforts in the Fillmore/Western Addition neighborhoods, its sister organization, BMAGIC, focuses on Bayview-Hunters Point.

More than 100 community-based organizations working in the areas of health, environment, juvenile and social justice, faith-based and after-school programming will be represented at the events, along with elected officials, city agencies, local merchants, funders, grass roots activist, and organizers. Healthy food, sports, games and live entertainment will be provided.

“Every year, we see families line up well before our doors open to ensure their children are able to select a backpack, and we anticipate that demand will outpace supply again,” said Sheryl Davis, executive director of Mo’MAGIC. “We look forward to working to provide our families with the support they need for a successful school year.”

The events also provide a chance for connection and support among neighbors, said BMAGIC Executive Director Lyslynn Lacoste.

“Each year, BMAGIC and the residents of Bayview eagerly anticipate this community building event. We all strive to ensure that our students and their families are prepared for the new school year and given the tools to succeed,” Lacoste said.
Mo’ MAGIC event’s fiscal sponsors include Kaiser Permanente; the Office of Public Defender Jeff Adachi; the Department of Children, Youth & Their Families; Schools of the Sacred Heart; Dignity Health-St. Mary’s Memorial Hospital; and the Bi-Rite Family of Businesses. Event partners include University of San Francisco; Sutter Health-CPMC; and the Bay Area Black Nurses Association.
BMAGIC sponsors include the San Francisco 49ers Foundation; Golden State Warriors; Comcast; San Francisco Credit Union; and Union Bank Foundation. In-kind services provided by Rainbow Grocery Cooperative; Recology; and San Francisco Wholesale Produce. Uniforms donated by the Buddhist Tzu Chi Foundation.

Op Ed: A Step Backward for Justice Reform

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Senate Bill 843, a budget trailer bill to be voted on Thursday, would cut the number of peremptory challenges in misdemeanor trials from 10 to six. Peremptory challenges allow attorneys to dismiss jurors without giving a reason. Both prosecutors and defense attorneys oppose the bill, because it undermines our ability to weed out jurors we suspect, but cannot prove, are biased.

Here are five reasons why Californians should care:

1. Adding the measure as a last-minute budget item circumvents the will of the people and their elected representatives. A similar bill failed to pass in 2014 and again in 2015. In both cases, the author pulled the proposed legislation due to lack of support.

2. The governor’s proposal threatens the Sixth Amendment right to an unbiased jury. This will disproportionately hurt African American and Latino defendants, who are already overrepresented in our prisons and jails. When the nation is focused on addressing racism in our criminal justice system, this proposal is a step backward. To try to take away this right without discussion in a policy committee is a slap in the face.

3. Some California judges are behind the push to cut peremptory challenges, saying it will save time and money. But not all judges agree. “There is no study that shows such a reduction will save time or money,” says Judge Runston Maino of San Diego County. “Should not judges make decisions on facts and not on unfounded opinions?”

Meanwhile, Brown is ignoring the voices of prosecutors, who speak for crime victims, and public defenders, who stand up for the rights of the poor and disenfranchised.

4. A fundamental constitutional protection is at stake, so this is no time for snap decisions. Assemblyman Richard Bloom, D-Santa Monica, says he doesn’t know whether the proposal is good or bad for his constituents, because he hasn’t had time to study the issue. If the bill passes Thursday, he never will.

5. The right to an unbiased jury is the heart of our justice system, not the fat to be trimmed. Passing the bill in this manner allows the governor to prioritize the wishes of a few judges over the rights of millions of Californians.

Jeff Adachi is the public defender in San Francisco.

Read more here: http://www.sacbee.com/opinion/op-ed/soapbox/article83977967.html#storylink=cpy