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May 9, 2023

Kern County pushes poor to waive counsel, ACLU says

The plea offers are formulated by probation officers behind closed doors without input from prosecutors, the complaint states. When defendants appear in open court, the judges accept the pleas in hearings that typically last a few minutes. The lawsuit called this a “plea mill” that disproportionately impacts people with mental disabilities or limited English proficiency.

The American Civil Liberties Union sued Kern County and the Superior Court on Monday, alleging that the court’s misdemeanor plea system violates constitutional rights to counsel and due process.

The 52-page complaint says that the county and the court push poor people accused of misdemeanors to waive their right to counsel and plead guilty without understanding the consequences.

The plea offers are formulated by ...

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