California Continues Judicial Rationing Game, Down About 270 Judges

California seems committed to continuing its judicial rationing shell game, with the state’s policy-setting Judicial Council’s “committee on legislation” voting to support a controversial law allowing the council to move five vacant judgeships from one county to another.

“It’s safe to say that the presiding judges statewide are divided on this issue,” Presiding Judge Brian McCabe of Merced County, who represents the state’s 58 presiding judges as chair of the council’s Trial Court Presiding Judges Advisory Committee, told The Courthouse News. He told the legislation committee that he had polled the state’s presiding judges and received some “very vehement” opposition to the idea. “There are a number of competing interests and concerns… the concern is this is a new arena we are stepping into, unprecedented, and it has people nervous.”

You think? California Gov. Jerry Brown’s plan in his 2016-17 budget package calls for moving five vacant judicial positions. The governor has been quoted saying that “… this will shift judgeships where the workload is highest without needing to increase the overall number of judges.” And Brown has been emphatic that these vacant judgeships need to be moved before he will agree to fund any new positions.

The CN notes how much of a drop in the judicial justice bucket this is, backgrounding that: “The understanding is that this will involve taking two open positions from Alameda County and three from Santa Clara County, and giving two to Riverside County, two to San Bernardino County and one to Kern County. All three south-state counties are in serious need, though nearly all judges agree that with the state down by about 270 positions every court is in desperate need of more judges.”

Read the CN’s excellent reporting here: CNS – Plan to Reallocate Judgeships Moves Ahead