California Legislators Request Cut in Funding of New Judges Because of Governor's Lack of Diversity Among Appointees

[courtesy of California Progress Report]

By Ted Lieu
Member
California State Assembly

Before coming to the Assembly, I was a practicing attorney for over ten years. I have experienced first-hand how clogged our court system is, and understand the desperate need for more judges to hear cases and relieve that backlog.

So it was with a heavy heart that I joined with Assemblymembers Joe Coto, Mervyn Dymally, and Alberto Torrico in a letter requesting that the Legislature’s leaders cut $27 million from the Budget meant to fund 50 new judgeships. These judges were to be the second installment of a total of 150 judges over three years.

So why did we do it? The four members who signed the letter represent the leaders of the Legislature’s Latino Caucus (which Assemblymember Coto chairs), Black Caucus (which Assemblymember Dymally chairs), and Asian Pacific Islander Caucus (which Assemblymember Torrico currently chairs, and I will next session). Governor Schwarzenegger’s record in appointing judges who represent these three minority groups is, in a word, dismal.

Since he took office in late 2003, Governor Schwarzenegger has had the opportunity to appoint 260 new judges. Of that group, only 4.6% have been Asian Pacific Islander (12); 5.8% have been African American (15); and 8.5% have been Latino (22). Those numbers pale in comparison to the diversity that makes up our Golden State. According to the U.S. Census, 12.6% of Californians are Asian Pacific Islander; 6.7% are African American; and 35.2% are Latino. Also, less than one-third of the appointments have been women. This data clearly demonstrates the indisputable fact that, taken as a whole, the judges appointed by this Governor do not reflect the diversity of California.

And it’s not like there are a lack of qualified candidates. Among practicing attorneys in California, there are more than 10,370 Asian Pacific Islanders; more than 3,320 African Americans; and more than 7,430 Latinos.

The leaders of the three caucuses have done our level best to help the Governor’s administration find qualified candidates. We have encouraged minority attorneys to apply for judgeships, helped walk them through the process, and recommended the candidates we felt were the most qualified.

The result? The Governor’s record has actually gotten worse in many respects.