Judges and Judiciary
Mar. 30, 2017
Chief justice defends 'rule of law' in sharply-worded speech
California Chief Justice Tani Cantil-Sakauye gave an unusually fiery State of the Judiciary speech in the Assembly chambers on Monday afternoon, criticizing aspects of the federal immigration crackdown and casting the courts as the protectors of "the rule of law."
SACRAMENTO — California Chief Justice Tani Cantil-Sakauyegave an unusually fiery State of the Judiciary speech in the Assembly chamberson Monday afternoon,criticizing aspects of the federal immigration crackdown and casting the courts as the protectors of "the rule of law."
Cantil-Sakauye began her annual speech by thanking her colleagues and paying tribute to retiringstate Supreme Court Justice Kay Werdegar.But she quickly veered into political territory. She noted that Gov. Jerry Brownrecently stood in the same spot for his annual State of the State speech and spoke about "how California must preserve our values in a time of upheaval."
While the name Donald Trump never appeared in the speech, much of the text was clearly aimed at the new president and his immigration policies.
"We are governed by laws and rules, not by a monarch," Cantil-Sakauye said, adding, "The rule of law is being challenged."
The chief justice went on to describe how her Japanese-American in-laws, Jiro and Dorothy Sakauye,spent four years in internment camps during World War II.
"We have strength in the diversity of our residents," Cantil-Sakauye said, before describing several court cases that upheld the rights of immigrants and racial minorities.
Earlier this month, Cantil-Sakauye sent a letter to U.S. Attorney General Jeff Sessionssaying she was concerned that U.S. Immigrations and Customs Enforcement (ICE) agents were "stalking" people who entered the U.S. illegally at courthouses in California, which she said "should not be used as bait."
Despite being a Republican appointed by Republican Gov. Arnold Schwarzenegger,the chief justice's speech was not well-received by some members of the GOP.
Senate Judiciary Committee Vice-Chair John Moorlach, R-Costa Mesa,said Cantil-Sakauye should "learn from" U.S. Supreme Court Justice Ruth Bader Ginsburgand stay out of politics.
In July, Ginsburg said she regretted making a series of negative comments about then-candidate Trump; she has generally avoided political statements since then.
"That's not her job," said Moorlach. "Her job is to review cases of import to the citizens of California."
"The judiciary feels threatened by some of the federal government's actions, in particular by ICE agents showing up at courthouses," countered Assemblywoman Lorena Gonzalez Fletcher, D-San Diego."She is appropriately defending her branch of government."
Cantil-Sakauye also touted the Judicial Council's new online self-help directory for immigrants, whichwas unveiled earlier on Monday. The directory was the work of the California Immigration Information Resource Workgroup, which she announced on Feb. 1.
"We commend Chief Justice Cantil-Sakauye for calling on California's three branches of government to deliver on California's promise of opportunity and fair treatment for all," said Natasha Minsker, director of the ACLU of California's Center for Advocacy and Policy.
Much of the rest of the speech focused on areas of typical concern for State of the Judiciary speeches: legal reforms and the underfunded court system.
Court funding has remained essentially flat in Brown's austere 2017-18 budget, which takes into account flattening state revenues and uncertainties with federal funds.
Yet Cantil-Sakauye also praised legislative initiatives on changing bail, fines and fees rules — efforts that some say could further cut into courtfunding.
Forty percent of traffic fines and fees go to the courts,but several Democratic legislators say both fines and bail unfairly penalize low-income people.
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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