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PSC - Item 3E - Attachment B1/18/24, 5:04 PM Judge denies bid by LA County cities to stop zero bail – Daily News https://www.dailynews.com/2023/12/11/judge-denies-bid-by-la-county-cities-to-stop-zero-bail/#print 1/7 By By JASON HENRYJASON HENRY | | jhenry@scng.comjhenry@scng.com | Pasadena Star News and | Pasadena Star News and SCOTT SCHWEBKESCOTT SCHWEBKE | | sschwebke@scng.comsschwebke@scng.com | Orange County | Orange County RegisterRegister Pedestrians make their way past the Los Angeles County Superior Court ClaraPedestrians make their way past the Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Tuesday, February 9, 2021.Shortridge Foltz Criminal Justice Center in Los Angeles, Tuesday, February 9, 2021. (Photo by Hans Gutknecht, Los Angeles Daily News/SCNG)(Photo by Hans Gutknecht, Los Angeles Daily News/SCNG) NEWSNEWS Judge denies bid by LA CountyJudge denies bid by LA County cities to stop zero bailcities to stop zero bail Orange County jurist said the cities'Orange County jurist said the cities' contention that criminals would becontention that criminals would be emboldened to commit more crimesemboldened to commit more crimes amounts to 'speculation'amounts to 'speculation' • • NewsNews 1/18/24, 5:04 PM Judge denies bid by LA County cities to stop zero bail – Daily News https://www.dailynews.com/2023/12/11/judge-denies-bid-by-la-county-cities-to-stop-zero-bail/#print 2/7 PUBLISHED: PUBLISHED: December 11, 2023 at 6:44 p.m.December 11, 2023 at 6:44 p.m. | UPDATED: | UPDATED: December 13, 2023 atDecember 13, 2023 at 3:39 p.m.3:39 p.m. Cities can amend complaintCities can amend complaint An Orange County judge has rejected a lawsuit from 29 cities seeking to end theAn Orange County judge has rejected a lawsuit from 29 cities seeking to end the controversial zero-bail policycontroversial zero-bail policy in the neighboring Los Angeles County court in the neighboring Los Angeles County court system.system. In his ruling, Superior Court Judge William Claster concluded that the cities didIn his ruling, Superior Court Judge William Claster concluded that the cities did not have sufficient evidence to show the L.A. County Superior Court failed tonot have sufficient evidence to show the L.A. County Superior Court failed to adequately consider the potential risks to victims and public safety whenadequately consider the potential risks to victims and public safety when developing the policy. The citiesʼ argument that criminals would be emboldeneddeveloping the policy. The citiesʼ argument that criminals would be emboldened to commit more crimes without a cash bail deterrent currently amounts “toto commit more crimes without a cash bail deterrent currently amounts “to speculation as to what might occur,” he wrote.speculation as to what might occur,” he wrote. “Itʼs one thing to say the LASC made the ʻwrongʼ policy decision, itʼs another thing“Itʼs one thing to say the LASC made the ʻwrongʼ policy decision, itʼs another thing to say that it did not follow the law,” Claster wrote.to say that it did not follow the law,” Claster wrote. During a two-hour hearing Monday, Dec. 11, Claster repeatedly expressedDuring a two-hour hearing Monday, Dec. 11, Claster repeatedly expressed concerns about the lawsuit, questioning whether he has the right to usurp theconcerns about the lawsuit, questioning whether he has the right to usurp the decision-making authority of judges on the Los Angeles Judicial Council whodecision-making authority of judges on the Los Angeles Judicial Council who established the zero-bail policy.established the zero-bail policy. “It would be one county Superior Court trying to tell another Superior Court what“It would be one county Superior Court trying to tell another Superior Court what to do,” he said.to do,” he said. Claster ultimately denied the citiesʼ request for a preliminary injunction, butClaster ultimately denied the citiesʼ request for a preliminary injunction, but permitted them to amend and resubmit their complaint by Jan. 31.permitted them to amend and resubmit their complaint by Jan. 31. 1/18/24, 5:04 PM Judge denies bid by LA County cities to stop zero bail – Daily News https://www.dailynews.com/2023/12/11/judge-denies-bid-by-la-county-cities-to-stop-zero-bail/#print 3/7 New policy started in OctoberNew policy started in October ‘Obligation to protect the public’‘Obligation to protect the public’ The L.A. County cities signed onto the lawsuit included Whittier, Torrance, WestThe L.A. County cities signed onto the lawsuit included Whittier, Torrance, West Covina, Beverly Hills, Baldwin Park and Santa Monica. The group, under the titleCovina, Beverly Hills, Baldwin Park and Santa Monica. The group, under the title of the Coalition of Cities to End No-Cash Bail, issued a statement following theof the Coalition of Cities to End No-Cash Bail, issued a statement following the decision, saying they could file a new challenge with “additional evidence of thedecision, saying they could file a new challenge with “additional evidence of the harmful impacts” of zero bail.harmful impacts” of zero bail. “This sweeping program was implemented too quickly without adequate“This sweeping program was implemented too quickly without adequate research, or enough input from the communities it affects,” the statement reads.research, or enough input from the communities it affects,” the statement reads. “We believe we can do better. As our coalition prepares additional data for the“We believe we can do better. As our coalition prepares additional data for the court, city leaders will continue to prioritize public safety in advocating for smartcourt, city leaders will continue to prioritize public safety in advocating for smart reforms to the justice system.”reforms to the justice system.” Los Angeles County implemented its new bail schedule, referred to as the Los Angeles County implemented its new bail schedule, referred to as the Pre-Pre- Arraignment Release ProtocolArraignment Release Protocol, or PARP, in October., or PARP, in October. The protocol, commonly described as zero bail or no-cash bail, eliminates theThe protocol, commonly described as zero bail or no-cash bail, eliminates the financial requirements for release from custody prior to arraignment for all butfinancial requirements for release from custody prior to arraignment for all but the most serious of offenses. Police officers instead are instructed to “cite andthe most serious of offenses. Police officers instead are instructed to “cite and release” or “book and release” suspects for a majority of misdemeanors and somerelease” or “book and release” suspects for a majority of misdemeanors and some felonies. Serious and violent crimes, such as murder, kidnapping, robbery andfelonies. Serious and violent crimes, such as murder, kidnapping, robbery and assault with a deadly weapon, are not eligible and still retain previous bailassault with a deadly weapon, are not eligible and still retain previous bail amounts.amounts. David Slayton, executive officer of the L.A. County Superior Court system,David Slayton, executive officer of the L.A. County Superior Court system, defended the policy in a statement following Clasterʼs ruling. He pointed to adefended the policy in a statement following Clasterʼs ruling. He pointed to a report released by the courts showing that only about report released by the courts showing that only about 1.5% of those released1.5% of those released through the zero-bail policythrough the zero-bail policy in the first weeks committed a second crime. in the first weeks committed a second crime. “Under the previous money bail system, a high-risk arrestee could purchase their“Under the previous money bail system, a high-risk arrestee could purchase their freedom, while a low-risk arrestee without similar financial resources wouldfreedom, while a low-risk arrestee without similar financial resources would remain in jail,” Slayton stated. “As a reminder, the traditional money bail system,remain in jail,” Slayton stated. “As a reminder, the traditional money bail system, which does not consider an individualʼs risk to public and victim safety andwhich does not consider an individualʼs risk to public and victim safety and likelihood of returning to court, still applies to serious and violent felonies such aslikelihood of returning to court, still applies to serious and violent felonies such as murder, rape and robbery.”murder, rape and robbery.” 1/18/24, 5:04 PM Judge denies bid by LA County cities to stop zero bail – Daily News https://www.dailynews.com/2023/12/11/judge-denies-bid-by-la-county-cities-to-stop-zero-bail/#print 4/7 Previous court rulingsPrevious court rulings Kimberly Hall Barlow, an attorney for the cities suing to block the policy, arguedKimberly Hall Barlow, an attorney for the cities suing to block the policy, argued during Mondayʼs hearing in Santa Ana that the L.A. County Superior Court failedduring Mondayʼs hearing in Santa Ana that the L.A. County Superior Court failed to consider the impacts zero bail will have on public safety before implementingto consider the impacts zero bail will have on public safety before implementing the policy.the policy. “They had an obligation to protect the public,” she told Claster. “And they failed to“They had an obligation to protect the public,” she told Claster. “And they failed to do that. At a minimum, the court should say, you should revisit this with publicdo that. At a minimum, the court should say, you should revisit this with public safety as the primary issue.”safety as the primary issue.” However, Michael Fox, a San Francisco attorney representing Los AngelesHowever, Michael Fox, a San Francisco attorney representing Los Angeles Superior Court, strongly disagreed in his argument, saying the policy containsSuperior Court, strongly disagreed in his argument, saying the policy contains built-in safeguards to protect the public, including giving law enforcementbuilt-in safeguards to protect the public, including giving law enforcement officers the ability to refer criminal cases to magistrates if they view them asofficers the ability to refer criminal cases to magistrates if they view them as serious enough to warrant bail.serious enough to warrant bail. Barlow, however, said that system presents a dilemma for officers who mustBarlow, however, said that system presents a dilemma for officers who must determine whether those arrested should go free or be booked into jail.determine whether those arrested should go free or be booked into jail. Los Angeles Countyʼs support for zero bail came in the wake of two pivotal courtLos Angeles Countyʼs support for zero bail came in the wake of two pivotal court cases.cases. In 2021, the California Supreme Court ruled it is unconstitutional to hold someoneIn 2021, the California Supreme Court ruled it is unconstitutional to hold someone solely because of their inability to pay bail. Then, six plaintiffs challenged the usesolely because of their inability to pay bail. Then, six plaintiffs challenged the use of cash bail locally through a 2022 class-action lawsuit against the Los Angelesof cash bail locally through a 2022 class-action lawsuit against the Los Angeles County Sheriffʼs Department and the Los Angeles Police Department. A SuperiorCounty Sheriffʼs Department and the Los Angeles Police Department. A Superior Court judge in that case Court judge in that case granted a preliminary injunction in Maygranted a preliminary injunction in May requiring the requiring the county to revert to the zero-bail policy in place during the pandemic until the casecounty to revert to the zero-bail policy in place during the pandemic until the case goes to trial.goes to trial. Judge Claster acknowledged the prior injunction in his ruling, saying the citiesʼJudge Claster acknowledged the prior injunction in his ruling, saying the citiesʼ request for intervention is effectively a “backdoor challenge” to that case. Clasterrequest for intervention is effectively a “backdoor challenge” to that case. Claster wrote that if he were to prevent L.A. County from using the prearraignmentwrote that if he were to prevent L.A. County from using the prearraignment release protocol, there would be two conflicting injunctions and L.A. Countyrelease protocol, there would be two conflicting injunctions and L.A. County would need to violate one or the other. State law requires the county to adopt awould need to violate one or the other. State law requires the county to adopt a “uniform countywide schedule of bail,” and it cannot put zero bail into place for“uniform countywide schedule of bail,” and it cannot put zero bail into place for one city, but not the others, he wrote.one city, but not the others, he wrote. The 29 cities should have intervened in the class-action lawsuit and appealed that,The 29 cities should have intervened in the class-action lawsuit and appealed that, rather than filing the new lawsuit, Claster said.rather than filing the new lawsuit, Claster said. 1/18/24, 5:04 PM Judge denies bid by LA County cities to stop zero bail – Daily News https://www.dailynews.com/2023/12/11/judge-denies-bid-by-la-county-cities-to-stop-zero-bail/#print 5/7  In his ruling, Claster also denied an “alternative request” asking the court toIn his ruling, Claster also denied an “alternative request” asking the court to modify L.A. Countyʼs bail amounts on a “crime-by-crime basis.” The court couldmodify L.A. Countyʼs bail amounts on a “crime-by-crime basis.” The court could not make such a judgment call and the cities did not “articulate a basis for doingnot make such a judgment call and the cities did not “articulate a basis for doing so other than their view that it will enhance public safety,” Claster said.so other than their view that it will enhance public safety,” Claster said. “Again, while this court recognizes that there is a legitimate debate as to the“Again, while this court recognizes that there is a legitimate debate as to the benefits/downsides of PARP, the policy aspects of that debate are not for this courtbenefits/downsides of PARP, the policy aspects of that debate are not for this court to decide,” Claster wrote.to decide,” Claster wrote. Whittier Mayor Joe Vinatieri, who attended the hearing, said the zero-bail policy isWhittier Mayor Joe Vinatieri, who attended the hearing, said the zero-bail policy is flawed because city officials throughout the county were not involved inflawed because city officials throughout the county were not involved in developing and implementing it.developing and implementing it. “Itʼs not ready for prime time,” he said. “All weʼre trying to do is to say, stop on this“Itʼs not ready for prime time,” he said. “All weʼre trying to do is to say, stop on this thing. Letʼs sit down with law enforcement in the cities, and talk about each one ofthing. Letʼs sit down with law enforcement in the cities, and talk about each one of these, and letʼs come to some kind of consensus. Letʼs sit down and put our headsthese, and letʼs come to some kind of consensus. Letʼs sit down and put our heads together and come up with something that seems to work for everyone.”together and come up with something that seems to work for everyone.” In his statement, Slayton, the L.A. County Superior Courtʼs executive officer, saidIn his statement, Slayton, the L.A. County Superior Courtʼs executive officer, said the court “continues to welcome the opportunity to work collaboratively withthe court “continues to welcome the opportunity to work collaboratively with justice partners, including law enforcement and municipal government, to ensurejustice partners, including law enforcement and municipal government, to ensure the individualized risk-based determinations provided by the PARPs continue tothe individualized risk-based determinations provided by the PARPs continue to protect public and victim safety while ensuring that arrestees who pose little riskprotect public and victim safety while ensuring that arrestees who pose little risk do not sit behind bars simply because they cannot afford to pay money bail.”do not sit behind bars simply because they cannot afford to pay money bail.” CortexiCortexi ||SponsoredSponsored Miami MDMiami MD ||SponsoredSponsored Tinnitus Discovery Leaves Doctors Speechless (Try Tonight)Tinnitus Discovery Leaves Doctors Speechless (Try Tonight) Learn More Stop Covering Your Dark Spots With Makeup, Do This InsteadStop Covering Your Dark Spots With Makeup, Do This Instead Learn More Doctor: Throat Phlegm? 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