In her annual State of the Judiciary Address to the Legislature this morning, Chief Justice Patricia Guerrero discussed many California legal issues. Like her speech last year, however, some remarks invariably drew attention to national and international events, and one in particular could be interpreted as criticism of a U.S. Supreme Court decision.
Presidential immunity
In 2024, the Chief Justice impliedly criticized the federal high court for overruling precedents about abortion and affirmative action, and for its ethics problems. (See here.) This year, an indirect reproach concerned the Court’s opinion last term giving the president broad immunity from criminal prosecution.
Guerrero described the oath that she and other public officials take to support and defend the country’s and the state’s constitutions as being a “foundation of justice.” She then said that, because of the foundation, “no one is above the law, no one is outside of the law, and no one is excluded from its rights and protections.” The remark prompted one of several ovations.
Pro bono legal services
In another indirect reference to matters in the news beyond the state’s borders (see, e.g., here) that drew applause from the legislators, Guerrero said nonprofit organizations and attorneys providing pro bono services “should have our support and the freedom to represent those in need of their legal services, without fear of retribution or unwarranted criticism which threatens to have a chilling effect on the nature of the work they are willing to undertake.”
Immigration
In January, the Chief Justice promised to “take action” if there are “any attempts . . . to prevent people from accessing the court,” including attempts by federal immigration agents. Today, she reiterated that “it is within our purview to ensure that all members of the public can freely access our state courts, to safeguard individual rights, and to promote the fair and timely administration of justice; we will safeguard our authority and responsibility to do so.”
Guerrero said, “The federal government, of course, has the right and obligation to do its job but it cannot, consistent with the Tenth Amendment, compel states to enforce federal immigration law.”
The bar exam disaster
The Chief Justice labeled as “inexcusable” the tech meltdown during last month’s bar examination that led to “additional stress, frustration, and anxiety faced by some examinees.” She assured those test takers, “our court will exercise its plenary authority to implement appropriate remedies to help mitigate the harm.”
Guerrero also pledged, “the court plans to enhance oversight over admissions, including the role of the Committee of Bar Examiners [a role she said “has been diminished”], to ensure high standards and improve the administration of future bar exams.” (Related: “The Latest Bar Exam Fiasco Is an Opportunity to Restore Judicial Control.”)
Court-appointed-counsel funding
Guerrero lobbied for funding court-appointed-counsel programs for the Supreme Court and Court of Appeal, programs she said are designed “to provide effective, efficient, and experienced counsel for appellants with death judgments and indigent defendants on appeal.” (Related: the current long wait for appointment of habeas counsel divided the Supreme Court concerning how to handle a death penalty defendant’s claim of racist prosecutorial conduct. (See here.))
Remote proceedings
The Chief Justice praised legislators “for listening to our pleas for an extension of remote proceedings.” She explained, “remote proceedings have been universally praised by both court staff and court users as both time and cost savers, and, most importantly, because the option to appear remotely gives litigants a choice about how they access their court system.”
Court workload
Guerrero reported that the number of court filings is rising again after a pandemic-era decrease. But she said what is particularly significant is that “the complexity of the workload for courts has exponentially increased.” She also shared that the judiciary “measure[s] workloads using a ‘caseweight’ methodology . . . , which allows us to consider both case volume and case complexity.”
The Chief Justice spoke as the leader of the state’s judiciary, which she reminded listeners is “a coequal branch of government.” The Address was attended by the heads of the other two branches — Governor Gavin Newsom and Assembly Speaker Robert Rivas and Senate President pro Tempore Mike McGuire — as well as five of her Supreme Court colleagues (Justices Carol Corrigan, Goodwin Liu, Joshua Groban, Martin Jenkins, and Kelli Evans).
The text of the speech is here. Video is here.
Related:
Bob Egelko in the San Francisco Chronicle: “California chief justice says ICE officers aren’t welcome in state courthouses.”
Cheryl Miller in The Recorder: “Chief Justice Pledges Greater Oversight of State Bar, Help for Test Takers After Exam Snafu.”
Malcolm Maclachlan in the Daily Journal: “Chief Justice Guerrero warns of court challenges, calls for reforms.”
Maia Spoto for Bloomberg Law: “California’s Chief Justice Calls Bar Exam Mess ‘Inexcusable’.”
Alan Riquelmy for Courthouse News Service: “California’s chief justice draws line between state, federal responsibility in immigration matters.”
