Judge rules that state law barring teens from adult court is unconstitutional

A Kern County judge has ruled that a new state law barring 14- and 15-year-olds from being tried in adult court is unconstitutional. The order sets up an appellate test of whether SB 1391 interfered with voters' intent when they passed Proposition 57 in 2016.

It could also be a sign of things to come, as conservative district attorneys seek to push back on recent statewide criminal law changes. More such battles could be coming in the wake of new Gov. Gavin Newsom's pledge to move the juvenile justice system out of the Department of Corrections and Rehabilitation.

The Jan. 16 order by Superior Court Judge Michael G. Bush denied a motion from Kern County Public Defender Pam D. Singh to move a case back to juvenile court. The defendant was 15 when he allegedly committed the acts that led him to be charged with attempted murder using a firearm and other crimes. People v. Contreras, BF163440A (Kern Super. Ct., filed March 10, 2016).

Singh's motion cited SB 1391, which went into effect Jan. 1. But in her opposition motion, Kern County District Attorney Cynthia J. Zimmer argued the new law was "inconsistent" with Proposition 57.

Her brief argued that the sponsors of Proposition 57 "initially attempted to do what SB 1391 does now," but amended the initiative to allow some serious crimes to be tried in adult court after negotiations with the California District Attorneys Association.

"The citizens of California expressly approved the authority of the district attorney to request the juvenile court to hear a motion to transfer a 14- or 15-year-old to adult court that committed an enumerated qualifying offense, by the passage of Proposition 57," the motion argued.

"This is an important step in our effort to fight back against Sacramento's overreaching policies that put lives in danger," Zimmer said in a press release. "We will continue to fight to ensure that any who commit serious and violent crimes receive appropriate sentences."

"Technically, the ruling only applies to this one defendant," said Joseph A. Kinzel, a deputy in Zimmer's office.

But Kinzel added that he expects to see other judges around the state make similar rulings, adding, "There's a small list of crimes that would still allow us to get a juvenile to adult court under Proposition 57."

"Under the case law, the statute is presumed constitutional and they should follow it unless it's clearly or patently unconstitutional," said Kern County Deputy Public Defender Ernest B. Hinman. "It's an extraordinary thing for a judge to do that at the trial court level."

Hinman said the public defender's office is preparing an appeal, which will likely argue that the Legislature gave the power to prosecutors to prosecute 14- and 15-year-olds as adults in 1994 when it passed AB 560. Proposition 57 -- and Proposition 21, a 2000 criminal justice initiative that it modified -- were "procedural" changes to that initial law, he said.

He also noted the legislative counsel's office found SB 1391 was constitutional and consistent with Proposition 57.

"The DA is not going back far enough in time," Hinman said. "What the Legislature gave in 1994, they can take away."

A spokesperson for Attorney General Xavier Becerra's office said they are "reviewing the trial court's decision."

Zimmer, elected last June, signaled during her Jan. 11 swearing-in ceremony that she would oppose a new wave of criminal justice laws coming out of Sacramento.

The event was attended by Republican politicians and law enforcement officials, including Ed Jagels, who earned a reputation as a hardliner while serving as Kern County DA from 1983 to 2010.

Bush was first named to the Kern County Superior Court by Republican Gov. Pete Wilson in 1996 after winning a seat in a primary election. He is a former prosecutor.