Governor Gavin Newsom has given the chief justice, Tani Cantil-Sakauye, unprecedented powers including the ability to ignore the laws (Sounds like the Democratic party, doesn’t it?) in order to get her job done. Think of all the nightmare possibilities. An activist judge with unlimited powers. What could possibly go wrong with that? I mean other than anything.
But, if she uses that power wisely and for the intent for which it was given, it could keep the justice system in California from melting down. Because of coronavirus it would be better to increase the number of telephonic, audio or video conferencing whenever possible. The less the contact with multiple people the better for everyone. What I’m afraid of is that she will free many more prisoners from prison. That would be a calamity.
One good provision in the order is an extension of time in which a defendant must be heard. A normal case must be heard within 30 days. That has been extended to 90 days. Someone charged with a felony must be heard within 48 hours. That has now been extended to 7 court working days.
With courts largely shut down, 1st Amendment groups have expressed concern that the public will be denied access to documents and proceedings conducted by telephone.
On Friday evening, Cantil-Sakauye issued her own order on how the state’s highest court will hold oral arguments next month.
The order permits only 15 members of the media into its San Francisco courtroom. Journalists will be admitted on a first-come basis and will have to sit six feet apart.
The public will not be admitted but can watch proceedings online at the Judicial Branch website.
To meet social-distancing requirements, no more than five of the court’s seven justices will be seated on the bench. The other two will participate remotely.
Lawyers will make their arguments through video or telephone conference.