Chief Justice to legislators: ‘Tell us if it is retroactive or not’

SAN FRANCISCO — California Chief Justice Patricia Guerrero has a message for lawmakers as they consider more changes to criminal justice laws: “I wish sometimes the Legislature would be clearer about one thing: Tell us if it is retroactive or not.”

Just over a year into her term, Guerrero met for the first time with journalists in her chambers on Thursday, reviving an annual tradition of her predecessor. Responding to a question from a reporter, the low-key Guerrero drew a contrast with the outgoing — and often outspoken — Tani G. Cantil-Sakauye, who made national headlines when she criticized President Donald Trump for immigration raids at courthouses.

“Sometimes I like to be under the radar, but I have a different role now,” Guerrero said.

She added, “Maybe I’m more sensitive to it, but I feel like there are a lot of partisan attacks on the decisions we make.”

However, she criticized the U.S. Supreme Court’s reputation and decision making. Guerrero said one or two justices change on the nation’s high court and then decisions radically change and precedent isn’t supported. Pressed by a reporter, she said she was referring to the high court’s 2022 decision that found there is no constitutional right to an abortion and overturned Roe v. Wade.

It’s “unfortunate” the U.S. Supreme Court’s reputation has gone down, she said, adding that it reflects on what people think of all courts.

Guerrero said she is “cautiously optimistic” about the year to come, even with an election year underway. She and Shelley Curran, who became the Judicial Council’s administrative director on Jan. 1, hinted they would try to stay out of political fights at the national and state level, though the latter is not always possible.

Guerrero said her staff members regularly speak to California lawmakers about the scope and application of proposed laws. She bemoaned the falling number of attorneys in the Assembly and Senate, and said she was in regular touch with Senate Judiciary Chair Tom Umberg, D-Santa Ana, who has been key in pushing bills related to the courts.

Curran noted the council has an active team of people in Sacramento. While they don’t push a particular political perspective, Curran said, “There are times” they have to get “explicit” with lawmakers when the council believes the mechanics of a proposed law won’t work.

“We are careful to stay in our lane,” Curran said.

Guerrero said also she wasn’t concerned about a falling number of opinions coming out of the state Supreme Court. While the court is currently on track to issue fewer than 40 opinions for the 2023-24 term, she said she expects the final number will be higher.

Guerrero also said that the Racial Justice Act has “impacted the work flow.” This 2020 law has brought widespread reviews of past sentences to determine whether race, ethnicity or national origin of the defendants affected charging, trial, conviction or sentencing decisions.

But she said she doesn’t think any appellate court will see the kinds of delays that have plagued the 3rd District Court of Appeal in recent years — and which led to the forced retirement of its presiding justice. Guerrero praised the Appellate Caseflow Workgroup which Cantil-Sakauye created to monitor and prevent similar backlogs in the future.

“The presiding judges and assistant presiding judges have really done a fantastic job making sure we don’t see the kind of delays we saw in the 3rd District,” she said.

She and Curran are also monitoring a recent wave of judicial retirements — something Canti-Sakauye predicted at the end of 2021 during one of her annual meetings with reporters. Guerrero praised Gov. Gavin Newsom and his judicial appointments secretary, Luis Cespedes, for appointing well over 100 judges last year. The numbers are reflected in the Judicial Council’s monthly judicial vacancy reports. These showed 91 superior and appellate court openings on Jan. 1, down from 125 one year earlier.

Curran also said the latest round of judicial retirements was smaller than they feared. But she said the numbers could rise in the early months of 2024, especially with new judicial retirement rules in effect.

Guerrero also praised the emphasis Newsom and other recent governors have put on diversity on the bench. She also spoke about her own background growing up as the Spanish-speaking child of Mexican immigrants in the Imperial Valley. Her childhood included swimming in agricultural canals and “Easter egg hunts in sand dunes.” She choked up briefly while talking about her mother, who died in 2020, and joked about how her mother got upset when she and her sister kept a horse in the backyard.

“I’m really blessed that I grew up where I did,” Guerrero said.