Bonta-fide justice

From a short list of highly qualified candidates, Gov. Gavin Newsom continues to reshape the political leadership of the state by naming Assemblymember Rob Bonta to replace Xavier Becerra as California's 34th attorney general. This appointment comes on the heels of then-Assemblymember Shirley Weber's appointment as California's secretary of state.

Both Bonta and Weber come to these posts with exceptional academic and professional accomplishments. Bonta, an attorney whose parents were active in the civil rights and farm worker movements, is Yale and Oxford educated, and has served in many local political posts before his election to the State Assembly. Weber is a daughter of sharecroppers who were denied the right to vote in the South, earned her Ph.D, was a professor for many years, and now leads the state's institution responsible for ensuring voter inclusivity and participation.

Political experts rightfully acknowledge the historic diversity these picks represent. Bonta is the first Filipino statewide officer, and Weber the first African-American woman to sit in her position. However, these appointments signify much for the future of California. They cement the governor's effort to recast the political trajectory of the state toward a more inclusive and progressive approach, and away from more conservative policies of the past. Bonta has the opportunity and is primed to transform the AG position from its traditional "top cop" approach into being the "top lawyer" of California.

Xavier Becerra was a byproduct of a hard-scrabble political environment, breaking barriers in the 1980s and 1990s as one of only a handful of Latinos in public office. His background as a child-of-farmworkers-turned-lawyer fueled his political work and advocacy to create opportunities for others and fight back against conservative political winds. Just being a Latino in elected office was an act of defiance and revolt. It is not wholly unsurprising that Becerra's tenure as AG is most notable for the 100 lawsuits filed opposing then-President Donald Trump and his turn-back-the-clock agenda. Becerra's political career flourished at a time when he had to do everything he could to maintain the advancements in diversity exemplified by his election. As AG, he brought a steady hand and commitment to core Democratic values to the office. His creation of an Environmental Justice unit is noteworthy.

Becerra did, however, often disappoint segments of the progressive political universe by not being more proactive on key issues of criminal justice and civil rights, going so far as to resist a newly minted law designed to provide more sunlight in potential police abuse cases. It is not unusual for an AG in California to take a moderate approach to the job. However, the recent surge in calls for major societal reforms, especially in the criminal justice realm, created a growing schism between Becerra's approach and the expectations of many in Democratic circles. Enter Rob Bonta.

Bonta, is taking office at a different time and under a different charge than Becerra, following an unprecedented year of pandemic restrictions and social justice advocacy. Bonta has the opportunity and will to push a more progressive agenda; an agenda befitting a post-Trump reality where racial divisions run deep and there is a need for our elected leaders to promote unity and, in essence, a renewed civil rights campaign to counter the past four years of painful social discourse. In a state like ours, where bias is so deeply entrenched, to have someone with Bonta's legislative credentials as our attorney general is only right and fitting.

In 2013, Bonta authored legislation requiring public schools to teach students "the role of immigrants, including Filipino Americans" in the farm labor movement. Consumers of medical services will appreciate Bonta's enforcement of the 2016 law he carried into law that prohibits "balanced billing" by health insurance companies to help us all avoid surprise medical bills. In 2018, Bonta was a joint author of Senate Bill 10 on bail reform. Although the final version of the measure was very flawed -- in fact California Attorneys for Criminal Justice opposed many of its provisions -- it reflects a unique political courage to jump in full force to address long-standing problems that have resulted in mass pretrial incarceration.

Bonta's 2019 bill banning for-profit, private prisons and detention facilities in California is another first.

While Becerra played a critical and necessary foil to the antiquated political agenda of the then-president, Bonta arrives with the expectation and opportunity of setting a more progressive agenda in California for the next generation. As with all elected officials, the political realities of running for statewide office will likely moderate Bonta's vison of the most progressive reforms, but we can expect a marked change of direction for the AG and Department of Justice.

Perhaps the most anticipated change will be how Bonta handles police abuse cases. Last year, he co-authored Assembly Bill 1506 (with Kevin McCarty) which for the first time requires independent oversight for police shootings of unarmed persons. Investigation and oversight is now with the attorney general. At the time this measure passed, there was some skepticism over whether Becerra would welcome this expanded role. Many anticipate that Bonta will. He could also pursue police reform via the AG's legal authority to require law enforcement agencies to change their policies and practices if the AG identifies a pattern of civil rights violations. Then-Attorney General Jerry Brown may be the only one to use this power to date.

Additionally, the new attorney general may have the opportunity to hold unethical prosecutors accountable. Under a relatively new law, it is a felony for a district attorney to withhold evidence of innocence from the defense, and the AG's office is likely the entity that will have to take charge of such investigations and prosecutions. Bonta will likely push for a robust budget to pursue police and prosecutor accountability. This will be a test and testament to his commitment to reforming the criminal justice system.

In Rob Bonta, California is getting an attorney general with a deep commitment to the ideal of equal justice under law, informed by broad and deep experience as a lawyer, legislator and citizen in the challenges we face today in reaching that goal. We can expect thoughtful, progressive reforms on discriminatory practices, and increasing fairness and transparency in police misconduct investigations. We can also expect a faithful execution of the duties of the office in prosecuting those convicted of crimes, safeguarding the environment, and protecting Californians from political and corporate abuses. 