Letters
Jun. 25, 2025
Outdated codes, uneven justice: Time to hit refresh on local laws
Local laws should be reviewed yearly to reflect new legislation, cultural shifts and fairness in enforcement -- San Francisco's AI-driven code update is a smart model to follow.
Eugene M. Hyman
Judge (Ret.)
Santa Clara County Superior Court
Santa Clara Univ Law School
Eugene is a retired judge of the Santa Clara County Superior Court, where for 20 years he presided over cases in the criminal, civil, probate, family and delinquency divisions of the court. He has presided over an adult domestic violence court and in 1999 presided over the first juvenile domestic violence and family violence court in the United States.
Analyzing and reviewing municipal and county codes annually is an idea that all local and state governments should adopt, "San Francisco Uses AI to Streamline Municipal Codes," Daily Journal, June 6, 2025. This is an opportunity to update local laws based upon the passage of other legislation, whether it be by state or other governmental agencies. New appellate law, as well as changes in local culture that may affect attitudes toward enforcement and the very need for those local laws to exist, should also be considered.
Too often municipal, county, specialty jurisdiction (county park district, harbor district), and state law are in silos with the result of inconsistent and unfair enforcement by different agencies like code enforcement, local and county law enforcement, and various state police agencies as well. Sometimes, the result is not only inconsistent enforcement but enforcement that isn't in the best interest of justice.
Prosecution jurisdictions and the courts are charged with always viewing their conduct through the lens of justice, and this requires a frequent and rigorous review of the application of local laws to those before the courts.
Lastly, it is past time for local agencies and districts to consider reducing most violations from misdemeanors to infractions. Misdemeanor violations are frequently reported to state data banks, and while it is true that misdemeanor violations are eligible for sealing, they are still discoverable by regulatory agencies and commissions when one is applying for a license. This causes unnecessary delay in background checks. The person who presently has a license might receive a consequence as discipline, while a person applying for the same license might be denied access to one.
Most local offenders are unlikely to visit the courthouse again. The current system should be modified to reflect this reality.
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