HomeMy WebLinkAboutMINUTES - 01141992 - IO.6 I .O.-6
TO: BOARD OF SUPERVISORS
Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
n. :S
o� County
DATE` January 6, 1992
SUBJECT: - REPORT ON THE NEED FOR LEGISLATION TO PROVIDE FOR THE
DEVELOPMENT OF SUPERIOR COURT JUDICIAL DISTRICTS WHICH WOULD
MORE CLOSELY REFLECT THEIR POPULATION DIVERSITY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Authorize the Chair to send a letter to the Governor of
California sharing with him the racial composition of Contra
Costa County and asking that the Governor take into account
the racial and ethnic diversity of a County when making
judicial appointments, since this is the most effective way
to insure that judges reflect the community in which they
serve.
2 . Remove this item as a referral to our Committee.
BACKGROUND:
On July 16 , 1991, the Board of Supervisors, at the request of
Supervisor Powers, referred to our Committee the question of
whether the Legislature should be asked to draw judicial
districts in such a manner as to more closely follow the Voting
Rights Act of 1965 and insure better racial diversity in the
judiciary.
Our Committee asked for the comments of the Superior Court. In
response, Presiding Superior Court Judge Richard Patsey met with
our Committee on January 6, 1992 and presented us with a written
statement, a copy of which is attached. In addition, County
Counsel prepared comments on the U.S. Supreme Court cases which
brought this issue to Supervisor Powers attention.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY AD IST:DER
OR RECOMMENDATION OF BOARD COMMITTEE
APPROVE
SIGNATURE(S): R AS..-E"ZR' IGHT MC PEAK
ACTION OF BOARD ON /JarAiary 14, 1992 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
v L. I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
PHIL BATCHELOR,CLERK RF THE BOARD OF
Please See Page 3 .
_v SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
I .O. -6
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The Supreme Court decision basically indicated that the manner in
which judges are elected is subject to compliance with the Voting
Rights Act of 1965, opening the way for lawsuits to be brought
under that Act, alleging that current practices are not
consistent with the Voting Rights Act.
Judge Patsey noted that relatively few Municipal Court or
Superior Court judges originally obtain their positions through
election. Almost all are initially appointed by the Governor and
then stand for election after having been on the Bench.
Therefore, regardless of how districts might be designed, as long
as nearly all initial appointments are made by the Governor, the
size, shape and composition of a district, whether countywide or
less than countywide, is perhaps of less importance than the
willingness of the Governor to be sensitive to the racial and
ethnic make up of a jurisdiction in making judicial appointments.
County Counsel comments on the process which is used to evaluate
a given election process in light of the Voting Rights Act and
the criteria which must be met according to the Supreme Court, to
determine whether a particular situation violates the Voting
Rights Act.
We note for the Board' s information the following data on the
working age population in the County by racial category, the
breakdown of attorneys in the County on the basis of racial
category and the racial breakdown of attorneys in California as
well as the racial breakdown of the Municipal and Superior Court
Bench in Contra Costa County:
RACIAL CATEGORY WORKING AGE ATTORNEYS ATTORNEYS
IN COUNTY IN COUNTY IN STATE
White 76 .7% 94 .8% 90 .4%
African American 8 . 8% 2 .5% 2 . 7%
Hispanic 10 . 7% 1 . 6% 3 . 6%*
Asian - Pacific
Islander 9 .5% 1 . 1% 2 . 6%
American Indian .7% . 0% **
Other 4 . 3% . 0% . 7%
Female 50 . 6% 12 .2% 20 . 0%
* Defined as "Latino" , which may include different groups of
ethnic backgrounds than the term "Hispanic" .
** Combined with "Other" .
Working Age Population in the County is for 1990 and includes
individuals age 18 through 65 .
Attorneys in County is from the 1980 census .
Attorneys in California is from the February 1991 edition of
California Lawyer.
By contrast, of the 30 filled judicial positions (not counting
commissioners and referees, since they are not appointed by the
Governor) , the breakdown is as follows :
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White 96 . 7% (29 of 30)
African American 0 . 0% ( 0 of 30)
Hispanic 3 . 3% ( 1 of 30)
Asian-Pacific Islander 0 . 0% ( 0 of 30)
American Indian 0 .0% ( 0 of 30)
Other 0.0% ( 0 of 30)
Female 13. 3% ( 4 of 30)
Since there is little the Board of Supervisors can do to
determine Superior Court Districts and since there is only a
limited amount the Board can even do to effectively change
Municipal Court Judicial District boundaries, it appears to our
Committee that Judge Patsey makes a compelling point in regard to
the need to influence the Governor in making his judicial
appointments . It seems likely that the Supreme Court' s decision
will eventually be the subject of litigation in California which
will determine whether the present system of appointing and
electing Superior Court Judges complies with the Voting Rights
Act of 1965 . We need not concern ourselves with that eventual
outcome. In terms of making any practical difference in the
composition of the Bench in the near future, we must prevail on
the Governor to take into account the racial composition of the
County in making his appointments .
cc: County Administrator
County Counsel
Presiding Judge of the Superior Court
Chair, Municipal Court Judges Association
Superior Court Administrator
Municipal Court Administrator
Affirmative Action Officer