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Home My WebLink AboutMINUTES - 03021993 - 1.25 1 . 25 TO: BOARD OF SUPERVISORS 0 .`>''s °"� Contra FROM: Phil Batchelor, County Administrator Vii► s Costa County i?� M DATE: February 22 , 1993 SUBJECT: AMEND 1993 LEGISLATIVE PROGRAM TO DELETE FURTHER CONSIDERATION OF LEGISLATION TO EXPAND THE AUTHORITY OF A COURT COMMISSIONER TO THAT OF A MAGISTRATE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Amend the Board of Supervisors ' 1993 Legislative Program to delete further consideration of Item # 29 - Expand Court Commissioner Authority. BACKGROUND: In adopting the 1993 Legislative Program, the Board of Supervisors approved the inclusion of the following item at the request of the Municipal Court Administrator: 29 . Expand Court Commissioner Authority -. Provide the courts in Contra Costa County with the authority to grant Court Commissioners the full authority of magistrates as a pilot project in conjunction with the County's approved administrative adjudication project which was approved by the Legislature and the Governor in 1992 . Currently, Commissioners have some of the authority of magistrates ( judges) , but not all of the authority of a judge. In an effort to save money on assigned judges and be more efficient, it is recommended that legislation be sought which would allow the court to establish the criteria under which a Commissioner could be granted the full authority of a magistrate and under which the State Judicial Council would oversee the use of Commissioners as judges in additional roles . This might be done as a part of the County' s Administrative Adjudication Pilot Project which the Board of Supervisors successfully sponsored in 1992 . CONTINUED ON ATTACHMENT: OYES SIGNATURE: _x—RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 2, 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 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. ATTESTED MAR 2 1993 Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF CC: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY The District Attorney has taken strong exception to this legislation, as is reflected in his attached memorandum to this office. Legislation similar to this proposal was passed by the Legislature in 1992, but was vetoed by the Governor for many of these same reasons . Upon further discussion, the Municipal Court Judges have decided to drop their request for this legislation this year. In view of the opposition of the District Attorney and without a sponsoring department, it is unlikely that the County would be successful in pursuing this legislation. We are, therefore, recommending that the Board of Supervisors delete this item from its 1993 Legislative Program. cc: County Administrator District Attorney Municipal Court Administrator George Roemer, Senior Deputy County Administrator Les Spahnn, SRJ. Jackson, Barish & Associates -2- GARY T. YANCEY DISTRICT ATTORNEY OFFICE OF THE CONTRA COSTA COUNTY DISTRICT ATTORNEY _,urnrc'i. CiOSTa UUW iL. RECEIVED DEC 30 1992 TO: Claude L. Van Marter Assistant County Admi i strator Office of County Administrator FROM: Gary T. Yancey District Attorney DATE: December 28, 1992 SUBJECT: 1993 County Legislative Program I oppose two of the measures currently on the County's "support" list. The California District Attorneys Association, of which I am the current president, will also oppose them. 1. #18 - Victim/Witness Address Information This proposal is a thinly disguised attempt to transfer the recent "heat" generated over press access to court records from the courts to the district attorney. My office files some 38,000 cases a year. Who is going to review, mask out, and then make three copies (court, defendant, and probation) of all these files? Unless the County is going to add many clerical employees to this office, it should not support this measure. 2. #29 - Expanded Court Commissioner Authority This measure will cost, not save money. Do you recall the courts' reassurance several years ago when they were seeking to add commissioners to the effect that there would be no impact on the District Attorney and Public Defender? After the addition of the commissioners, the municipal courts immediately increased the number of criminal calendar slots which required added appearances by deputy district attorney and deputy public defenders, thereby increasing the workload of the two offices. Commissioners are hirelings of the court. There is no screening by the local Bar, state Commission on Judicial Nominees, or appointment by the Governor. As an example, look at the new commissioner just hired by the Walnut Creek-Danville Municipal Court. He neither lives nor practices in this county, and he has no criminal law Claude L. Van Marter Assistant County Administrator -2- December 28, 1992 experience. Can you imagine him being assigned (as a designated magistrate) to hear important felony cases? Finally, the workload of the municipal courts is going down, not up. My office is filing fewer misdemeanor cases; we are utilizing the grand jury on a regular basis, thereby saving the corresponding municipal court preliminary hearing time; and, we have reorganized the office in cooperation with the superior court-municipal court coordination plan in a joint effort to save yet additional municipal court time. There is simply no justification at this time to grant the courts the power to create the equivalent of additional judgeships. Please contact me if you desire further input on either subject. GTY:pd VANMCOL MEWDEC92 Attachment P R E S S R E L E A S E . Available for immediate release Contact: Sheri Jelich (510) 646-6007 Administrative Office of the Municipal Courts The Judges of the Walnut Creek-Danville Judicial District are pleased to announce the appointment of Joel H. Golub to the position of Traffic Commissioner. It is anticipated that Mr. Golub' s permanent appointment will be effective February 15, 1993 . Mr. Golub has a very diverse legal background and many notable accomplishments to his credit. while maintaining a private practice in San Francisco, Mr. Golub has served as a Pro Tempore Judge and temporary Traffic and Small Claims Commissioner in both San Francisco and Marin Counties over the past seven years. Specialized appointments include serving as a hearing officer for Alameda County Superior Court on mental health detention and treatment cases, serving on the advisory board for the State' s Board of Legal Specialization for review and certification of immigration specialists, and acting as an administrative hearing officer for landlord/tenant disputes in San Francisco. Since 1978, Mr. Golub has taught various legal courses, including immigration law and disability/workers' compensation law at San Francisco State University, Golden Gate University and other local area law schools. He also has an impressive record of lecturing for a wide variety of bay area legal organizations over the last eight years, including the International Bar Association and the Bar Association of San Francisco. Professional memberships and civic activities include serving on the board of directors for the San Francisco Senior Center and Musign Theatre Company, serving as chair of the Immigration Committee for both the Bar Association of San Francisco and the Northern California Registry of Interpreters for the Deaf, and serving as chair of the Education Committee for the American Immigration Lawyers Association. On a personal note, Mr. Golub is an avid sports fan, and plays both hardball and softball with local Bay Area leagues . He and his wife Insu Kim are the proud parents of a new son David Isaac . The family currently lives in San Francisco, but looks forward to joining our local community after the first of the year.