Delegation to suspend laws from Newsom to the Chief Justice

[HarryS]

I noted over the weekend that Newsom delegated his authority "to suspend any laws as necessary" to the Chief Justice of the CA Supreme Court.

It appears to me there may be some ideas floating around in Sacto that Newsom is afraid to issue himself, and thinks having the CJ do it will provide him with cover (if things go badly wrong) and wrap any suspension in the majesty of the Court, hoping to suppress dissent and mooting any legal action against the suspension.

Can one sue the Court in the Court for injunctive relief?

I don't see how a Governor can pull this kind of stunt but I know very little about the CA Constitution.

Thoughts?

[ja308]

What a leader ! lol

Many have speculated this Californian could not get elected outside of California. Its possible he will try to appear a little more moderate in his quest for national office!

[M1NM]

What a leader ! lol

Many have speculated this Californian could not get elected outside of California. Its possible he will try to appear a little more moderate in his quest for national office!

His aunt will be backing him for her seat. She's near the end of her political life.

[ARFrog]

Sources are important...

https://www.gov.ca.gov/2020/03/27/governor-newsom-issues-executive-order-on-judicial-council-emergency-authority/

"Specifically, the executive order empowers the Judicial Council and the Chief Justice of the California Supreme Court to take necessary action to be able to conduct business and continue to operate while responding to the COVID-19 pandemic. The order does not affect any existing court order or rule."

This does not necessarily sound like a bad thing depending on what is implemented. If it is streamlining access to the Courts and moving cases forward electronically without direct on-site personal interactions, this sounds like a good thing with respect to maintaining law, order and justice. If it is used as a means to suspend laws to promote certain ideologies, then that would be something else.

Here are a couple of other random links discussing this move:

https://www.latimes.com/california/story/2020-03-28/gov-gavin-newsom-issues-order-giving-californias-chief-justice-broad-powers-during-the-health-crisis

https://www.law.com/therecorder/2020/03/27/48265/

I would also be curious as to how/where challenges to this type of law changes would work. Would they have to go outside of the state system? I would hardly think that the junior State Supreme Court judges would be the proper venue with respect to Chief Justice rulings. Any legal beagle thoughts on this?

[chris]

What a leader ! lol

Many have speculated this Californian could not get elected outside of California. Its possible he will try to appear a little more moderate in his quest for national office!

None of them ever will because none of them are Ronald Reagan. People across the country view this state full of fruits and nuts and run by idiots and crooks.

[-hanko]

None of them ever will because none of them are Ronald Reagan. People across the country view this state full of fruits and nuts and run by idiots and crooks.

People in California feel the same...no substitute for the truth.

[therealnickb]

What a leader ! lol

Many have speculated this Californian could not get elected outside of California. Its possible he will try to appear a little more moderate in his quest for national office!

A leader he is not. Nor will he be ever.

[larkja]

... I know very little about the CA Constitution.

Thoughts?

They have been trampling on the CA Constitution for years. Just an example:

English is the official language of the State of California.

Enforcement.
The Legislature shall enforce this section by appropriate legislation. The Legislature and officials of the State of California shall take all steps necessary to insure that the role of English as the common language of the State of California is preserved and enhanced. The Legislature shall make no law which diminishes or ignores the role of English as the common language of the State of California.

[chihuahuasniper]

What a leader ! lol

Many have speculated this Californian could not get elected outside of California. Its possible he will try to appear a little more moderate in his quest for national office!

Obviously, I don't like Newsom, but this isn't a bad move on his part. I'd do the same right now. I think he'd do just fine in NY. He's a career politician climbing the ladder, and my bet is he becomes President someday.

[smittty]

Big picture:

Biden is not going to end up with the nomination. He's too weak and his mouth keeps getting him in trouble.

The nominee is going to be Cuomo, Newsom, or another liberal that looks and sounds good in these coronavirus briefings.

Think of them as auditions for DNC nomination!

You heard it here!

[TruOil]

The sole purpose of this order is to allow the California Supreme Court and the Judicial Council to enact rules specific to court operations during the crisis. The purpose of the rules issued is to limit interactions between the public and the courts/court staff. Most civil trials have been put off at least 30 days, and if criminal cases put over, the time of the delay will not count towards the limit on the right to a prompt trial. Basically the court system is shutting down except for emergency matters and on going trials. There will be no new jury pools called, hearings will be set off into the future and/or conducted solely by phone. Stuff like that. It does not authorize the Court to suspend civil liberties.

[johnireland]

Most Californians, a very large majority, are communists. Some won't admit it. Many are too stupid to know it. And some work behind the scenes to destroy the state and the nation. Those in California who support the Second Amendment need to organize a Virginia like event...a gathering of tens of thousands of gun owners to challenge the authority of the state in all laws that we feel are in violation of the 2nd...as well as right to assemble.

[Casoobaru]

Obviously, I don't like Newsom, but this isn't a bad move on his part. I'd do the same right now. I think he'd do just fine in NY. He's a career politician climbing the ladder, and my bet is he becomes President someday.

Yeah guys, give him a break. He's busy doing important things.

Newsom's commutations include include 14 inmates convicted of murder or related crimes.

Suzanne Johnson, 75, of San Diego County, has served 22 years for assault on a child causing death, while 64-year-old Joann Parks of Los Angeles County, has served 27 years but denies setting a fire in her home that resulted in the deaths of her three young children.

Rodney McNeal, 50, of San Bernardino County, has served 22 years for fatally stabbing his pregnant wife, a crime he also denies.

The others include:

— Kristopher Blehm, 35, of Santa Barbara County, has served nearly 12 years for helping murder his crime partner’s romantic rival.

— Steven Bradley, 56, of Kern County, has served 32 years for killing a gas station attendant during a robbery.

— Jason Bryant, 40, of Shasta County, has served 20 years for armed robberies in which one victim was fatally shot by an accomplice.

— Rosemary Dyer, 67, of Los Angeles County, has served more than 33 years for fatally shooting her husband.

— Samuel Eldredge, 61, of Humboldt County, has served 25 years for fatally shooting his crime partner’s housemate.

— Richard Flowers, 64, of Tulare County, has served more than 25 years for killing a woman during a robbery.

— Robert Glass, 48, of Los Angeles County, has served more than 26 years for murder during a burglary.

— James Harris, 56, of Los Angeles County, has served more than 30 years for a drug sales-related kidnapping and the murder of two victims.

— David Jassy, 45, Los Angeles County, has served 11 years for killing a man during an altercation.

— Shyrl Lamar, 68, of Sacramento County, participated in a robbery in which her crime partner fatally stabbed two victims.

— Ramon Rodriguez, 49, of Los Angeles County, has served 22 years after he was paid to kill the victim.

Two of the pardons are intended to help lawful immigrants who face the possibility of being deported based on crimes they committed years ago. Waters said that would be “an unjust collateral consequence that would harm their families and communities.”

One is Tri Thai, who the governor's office said was age 18 in 1994 when he was convicted of receiving stolen property and age 21 when he was convicted of a gang-related assault with a firearm, second degree burglary, and attempting to dissuade a witness.
The other is Monsuru Tijani, who was convicted of perjury in 1986, check fraud in 1991, submitting false financial statements in 1995, and submitting false financial statements in 1999. The governor's office said he “has turned his life around,” but he faces religious persecution and possible incarceration if he is deported to Nigeria because of his conversion to Christianity.
The remaining three pardons are all Los Angeles County cases.



Anyways pretty depressing to see combined with so many other releases like San Francisco dumping out 25% of its prisoners, the few it does prosecute. Here was the Sheriff's response;

In a letter to San Francisco’s public defender last week, Miyamoto said the city must also consider crime victims when trying to reduce the jail population. But he told The Chronicle that the efforts so far have focused on low-level, low-risk inmates.

“We’re not releasing serious violent felons right now,” Miyamoto said. “We’re not at that point, luckily, and we won’t get to that point any time soon.”

1) You see that? Not releasing serious violent felons, just mildly violent ones I guess. Thank goodness.

2) not at that point yet? So apparently that is part of the potential plan, nothing to help any of us but lets get this nice people out of the system.



Inept.

[wolfmann]

Newsome is a politician he is just kicking the ball into another court to let them take the fall AND at the sametime if there is no fallout over this he can take the credit.
Hate him but it is a smooth move.

[Tarmy]

None of them ever will because none of them are Ronald Reagan. People across the country view this state full of fruits and nuts and run by idiots and crooks.

That about sums it up...accurately too...