California Public Defenders Association Criticizes Chief Justice and Judicial Council’s Suspension of Due Process Rights

The Davis Vanguard - March 29, 2020

(From Press Release- CPDA) – Today the Chief Justice of our state in coordination with the California Judicial Council and under authority granted to her by the Governor issued an order:

1. Extending the 10 court day period provided in Penal Code section 859b for the holding of a preliminary examination and the defendant’s right of release to 30 court days;
2. Extending the time period provided in Penal Code section 825 for the time in which a defendant charged with a felony offense shall be taken before a magistrate from 48 hours to not more than 7 days;
3. Extending the time period provided in Penal Code section 1382 for the holding of a criminal trial by more than 30 days; and CPDA’s Response to the Chief Justice and Judicial Council'sSuspension of Statutory Due Process Rights
4. Extending the time periods provided in Code of Civil Procedure sections 583.310 and 583.320 to bring an action to trial by more than 30 days.

These actions were taken without and regard for, or any mention of, the extensive written objections that CPDA and many other criminal defense and civil liberties groups submitted to the Chief Justice and the Judicial Council in response to their request last night.

Despite these orders having been made please remember that in a republic federal law is supreme over state law.
If an individual is arrested in this country, the individual is entitled to have a judge determine whether there is probable cause to believe the person committed a crime.

County of Riverside v. McLaughlin, 500 U.S. 44 (1991), is a United States Supreme Court case holding a suspect arrested without a warrant must be brought into court to determine if there is probable cause to hold the suspect in custody. Suspects must generally be granted a probable cause determination within 48 hours of arrest.

It is the opinion of CPDA that the Chief Justice’s order cannot suspend this United States Supreme Court precedent.

We call upon you to continue to insist that all our client’s rights are not violated.

Additionally, in the event a judge finds probable cause in the requisite time period, our clients are entitled to a determination of reasonable bail.

We must continue to make every effort to get our clients out of custody to help decrease the spread of this deadly illness.

Be safe.

In solidarity.

Oscar Bobrow
CPDA President



Source link: https://www.davisvanguard.org/2020/03/california-public-defenders-association-criticize-chief-justice-and-judicial-councils-suspension-of-due-process-rights/#