Chief justice wants more funds for criminal defense counsel

More funding for criminal defense counsel was among recommendations California Chief Justice Tani Gorre Cantil-Sakauye made to the Committee on Revision of the Penal Code during their final meeting of the year.

The committee, composed of academics, judges and lawmakers, was hosted by Cantil-Sakauye and Attorney General Rob Bonta on Tuesday before approving their 2021 Annual Report that offers recommendations for the upcoming legislative session.

The committee was created in 2020 through budget legislation and tasked with recommending statutory changes to simplify and rationalize criminal law and procedure; establish alternatives to incarceration that aid in rehabilitation and improve the parole and probation system.

"The good work you do is very often delayed for six years at a time at least by our data at the supreme court," Cantil-Sakauye told the committee. "If we can seek greater clarity in retroactivity, application, sequence, appointment of counsel and scope, we would be able to deliver the well intended interest and impact sooner without having what we have in the supreme court, four lead cases and 300 grant-and-hold cases that are waiting for the lead case to resolve."

According to the chief justice, a lack of clarity has been the greatest challenge the courts have faced in the last 10 years.

The chief justice ended her remarks during the virtual session by saying there needs to be more funding for defense counsel -- public defender's offices, the Habeas Corpus Resource Center and court-appointed counsel among others.

Defense counsel are responsible for applying and executing many of the laws passed by the Legislature, and yet when government budgets are cut public defenders often lose more money than prosecuting agencies, she said.

"These are experienced dedicated professionals with serious long term, long tail caseloads and really we need to be encouraging a new group to continue that profession and we need to compensate fairly and sustainably the attorneys that do that work for the court, for their clients and for the public," she said.

Following Cantil-Sakauye's remarks and a brief round of questions, Bonta addressed the committee and discussed initiatives in his office aimed at criminal and racial justice. One was the creation of the Community Awareness Response and Engagement office and the Racial Justice Bureau, which includes post conviction work..

"Through these efforts and countless others along with your important work, analysis and recommendations, I think we can ensure that our justice system is truly impartial, that it's fair and that it is just for all," Bonta said.

Bonta recommended the committee explore best responses for different kinds of incidents law enforcement agencies respond to such as mental health crises or situations involving the homeless.

"Some of those are social service responses that need to be scaled statewide," Bonta said.

The remainder of the committee's meeting was focused on finalizing and approving items from their 2021 Annual Report, which include recommendations for abolishing or limiting the three strikes law, expanding eligibility for parole and creating a review process for life without parole sentences.

The report is expected to be published before the end of the year and will be submitted to Gov. Gavin Newsom and the Legislature.

Committee members include Assemblyman Alex Lee, D-San Jose; retired Los Angeles Judge Peter P. Espinoza; retired Northern District Judge Thelton E. Henderson; retired California Supreme Court Justice Carlos R. Moreno; Loyola Law School professor Priscilla Ocen and Sen. Nancy Skinner, D-Berkeley.