Judicial Council bias work group holds 1st meeting

A Judicial Council work group that was formed to tackle courtroom bias held its first public meeting Tuesday, following requests from some attorneys to be included in the process.

The public meeting follows five closed meetings that the work group has held since December. As of Tuesday, the work group has no plans to hold another public meeting, but members of the public will soon be able to make suggestions via the Judicial Council's public comment procedures, council spokesperson Blaine Corren said in an email.

The work group accepted public comments in January and February, but they have not been made available for public viewing, Corren added.

Chief Justice Tani G. Cantil-Sakauye launched the Work Group to Enhance Administrative Standards Addressing Bias in Court Proceedings in November. Its goal is to update Standard of Judicial Administration 10.20, a series of recommended actions judges can take to prevent bias in the judicial system, so that it reflects current law.

Last summer, a survey by the Daily Journal found that a handful of superior courts in California follow the recommendation of Standard 10.20 to create local bias committees. According to the standard, these committees should be composed of members of the court community, including judges, attorneys, and representatives from minority bar associations. The committees are meant to provide education on bias, and maintain an informal procedure for receiving complaints about instances of bias in the courtroom -- including those initiated by judges.

Since the work group was formed, some of its members have been meeting with attorney organizations to field suggestions for how the group should move forward, 5th District Court of Appeal Administrative Presiding Justice Brad Hill said at Tuesday's meeting. Hill is one of the work group's co-chairs.

Some attorney organizations "would like this work group to take very broad action to rectify past bias," Hill said. "While the work group recognizes these are very laudable goals, this work group has a narrower charge: We have been charged with amending Standard 10.20 and doing so within a year."

"Our goal is to create a framework for local courts, and we recognize that there is no one size fits all solution," Hill added. "We have counties like Alpine who ... proudly point out that they have more deer than people. We have Los Angeles, the largest court system in the world."

The first hour of Tuesday's meeting featured presentations on existing procedures parties can use to bring complaints of bias against judges. The presentations were given by former Los Angeles County Superior Court Presiding Judge Kevin Brazile; San Bernardino County Superior Court Court Executive Officer Nancy Eberhardt; Orange County Court Executive Officer David Yamasaki ; San Joaquin County Superior Court Judge Linda Lofthus; and Commission on Judicial Performance Director Chief Counsel Gregory Dresser.

The meeting's second hour was dedicated to presentations by two bias committees launched in San Bernardino County and Santa Clara County superior courts. Members of the San Bernardino County committee said they launched last year, in response to demonstrations that followed George Floyd's murder.

The committee includes deputy public defenders, deputy district attorneys -- including a deputy district attorney from Riverside County, said San Bernardino County Superior Court Judge Khymberli S.Y. Apaloo. The committee also includes attorneys working with the elderly, people with disabilities, and Public Defender Thomas Sone.

The bias committee in Santa Clara County said it invited people to join as members, and it has since become the largest committee in the court. The committee said it also aimed to do more than follow the recommendations of Standard 10.20.

"We had a broader task, and it wasn't just to look at the rule," said Santa Clara County Superior Court Judge Shelyna V. Brown. "We wanted to transform the minds of the judges ... wanted to make sure we were addressing things and make sure we were seeing everything through the eyes of equality and social justice."