Politicians that assail judges and lawful court rulings are not making California any safer

As a California trial court judge who just retired after serving for 30 years, it was particularly disheartening to read some of the recent comments from San Francisco’s elected district attorney, Brooke Jenkins. She not only disagreed with a lawful judicial ruling, but she chose to blame almost the entire county’s judiciary for jeopardizing public safety. 

“The majority of (San Francisco) judges do not treat drug dealing as a serious crime,” Jenkins said. Absent any claim of professional impropriety, she described “a culture of judges” allowing criminals “to use this courthouse as a revolving door.” 

These accusations were soon followed by comments from Riverside County’s elected sheriff, Chad Bianco, when he announced his plans to run for governor.

“We have been infected by liberal judges appointed by a progressive, liberal governor or governors that are destroying our criminal justice system,” he said, “and causing what to all of us is our biggest issue in California and that is rising crime, homelessness, drugs — all of those issues.” 

Such statements are not only intentional attacks on an entire independent judiciary, they reflect a limited understanding of how public safety and justice are gained and preserved in our communities. 

Throughout my career, I have been privileged to know over a hundred of my colleagues throughout the state. Plainly stated, Californians benefit from an exceptional judiciary. As distinguished members of the nation’s largest court, they are incredibly dedicated, notably fair and impartial, well-educated and expertly trained. 

Often working under enormous caseloads — while adjudicating amidst the most heartbreaking of human circumstances — the great majority uniformly acquit themselves with grace and honor by faithfully discharging their sworn duty to uphold California’s laws and constitution. 

It may be common for an arresting law enforcement officer or local prosecutor to express their disappointment in a particular ruling or verdict, while simultaneously conveying respect for the process. But it is irresponsible, dangerous and the last refuge of the perpetually aggrieved to publicly and personally attack the legitimate rulings of a particular judge, much less disparage an entire body of them. 

Real and sustained public safety and justice has and will forever elude those communities that allow one or two parties in the criminal justice system to posture themselves as their sole vanguards while every other essential justice partner — even an exemplary impartial judiciary — are called out as impediments to them having their way. If you listen to people whose redundant political play is to resurrect California’s failed lost cause of relying on warrior law enforcement, prosecutions and mass incarceration to define public safety through brute force in their communities, it will remain forever unrealized. 

It will deliver no peace, no safety, no justice. 

Everyone wants to live and raise their children in safe neighborhoods. However, public safety is not static and cannot be narrowly defined by how many arrests, prosecutions and incarcerations are made after crimes have already been committed. It is found in those jurisdictions where elected officials dynamically cooperate as justice partners committed to preventing the next potentially harmful act before it happens. 

Read More: Why does California elect local judges?

These community alliances, created by statute over a decade ago as Community Corrections Partnerships, include a county’s chief probation officer, county administrative officer, sheriff, district attorney, public defender, police chiefs, social service directors, court officials and members of the community. The successful groups genuinely recognize and respect each other’s essential roles as collective guardians of public safety. They rely on smart, evidence-based strategies that are funded, implemented and continually reexamined to honestly assess what strategies work. 

It is one of our state government’s highest responsibilities to keep California communities safe. It has never been more important that all those sworn to preserve and protect, especially our elected officials, work cooperatively in their communities to achieve real public safety and justice. 

It has also never been more important that they remain committed to supporting an independent judiciary and the rule of law.