BAKERSFIELD, Calif. (KERO) — The ACLU is suing Kern County and Kern County Superior Court for denying defendants their constitutional rights to counsel and due process.
In a release sent Monday, the ACLU Foundations of Southern and Northern California accused the county of running a "fast-track plea mill" which resulted in defendants taking plea offers without a lawyer present. These offers were often done by probation officers who were acting outside their authority.
Judges would then accept the plea deals in arraignments that "lasted less than three minutes."
“The rights to counsel and due process are fundamental pillars of our legal system,” said Emi MacLean, senior staff attorney at the ACLU Foundation of Northern California, in a statement. “Kern County cannot continue to deny defendants their fundamental rights to save resources and ensure swift convictions.”
The lawsuit was filed on behalf of UFW Foundation and three Kern County residents.
“When I appeared in Kern County Superior Court in 2021, I was at my lowest point. I was overwhelmed and confused, and I wasn’t getting the physical or mental care that I needed in jail,” said plaintiff Laura Hart, who entered an uncounseled guilty plea at her first court appearance. “When I pled guilty, there was no lawyer there to assist me or to advocate for me at a time when I couldn’t advocate for myself.”
Hart was later determined to be not competent to stand trial.
The ACLU went on to point out that "fewer than 5% of misdemeanor defendants in Kern were represented by counsel at their arraignment. Yet roughly 60% of all defendants plead guilty at their first court appearance."
The ACLU also points out that many of these deals targeted minority defendants.
They are looking to have the practice rendered unconstitutional and illegal.
When asked to comment on the lawsuit, the Kern County Superior Court issued the following statement:
The Kern County Superior Court received a letter from the ACLU on April 3, 2023, addressing certain concerns regarding misdemeanor arraignments in Kern County, and threatening litigation. The Superior Court responded to that letter on April 7, 2023, advising that the Superior Court believed such legal action would be premature and may prove to be entirely unnecessary. The Court invited ACLU’s input and sought ACLU’s participation to incorporate all “best practices” into the Court’s misdemeanor arraignment process. A joint meeting was scheduled for May 19, 2023. But today the Court was advised of the ACLU’s lawsuit. Accordingly, the Court will review the complaint and refrain from commenting further on this pending litigation.
The Kern County Sheriff's Office said "No comment at this time" and Kern County said it could not "comment on pending litigation."
