Warning to the 34th ! Don’t Underestimate the Berniecrats!

EASTSIDER-When the dust cleared from the 23 candidate race to replace Xavier Becerra in the 34th Congressional District Special Election, Mariel Garza of the Los Angeles Times couldn’t resist a condescending Opinion piece with the pretentious title of LA voters didn’t just turn their backs on Berniecrat progressivism, they went positively Clintonesque.  

We’ll get into why this is balderdash in a bit, but first a confession from yours truly. I totally forgot that the boundaries of the 34th Congressional District don’t match up at all with the City Council boundaries. It basically covers all of CD1 and CD14, as well as all of Koreatown – as opposed to the Wesson-led effort that came up with the gerrymandered redistricting map that chopped Koreatown into four City Council Districts.

As a result, I didn’t check the financial reporting until it came out a few days before the election, and discovered Robert Ahn, who was not terribly visible in my area of town but still scored something like $500,000 in contributions as of that last reporting period before the election. Shame on me, and let’s hear it for Ahn, who came in second in the race and will face Jimmy Gomez in the June 6 runoff. My bad. 

Behind the Primary Numbers 

While Gomez and Ahn are the survivors of the primary, let’s not forget that between the two of them, they got less than 48 percent of the vote (25% and 22%) and nine of the 23 candidates got over 1000 votes, with Maria Cabildo scoring over 10% (4259.) That ain’t bad. From my point of view, these numbers repudiate the assumptions buried in the Times OpEd that it’s business as usual. 

Those numbers demonstrate to me exactly what the “Bernie Revolution” was really about -- creating the next generation of younger, grassroots, bottom-up progressive democrats that will take over the ho-hum Democratic Party establishment. Good for them and shame on Mariel Garza and the Times

And while Garza’s piece was written before the final tally, the actual final turnout numbers were 14% of eligible voters, not the 10% she reported. That represents some 43,000 voters, of which over 50% were vote by mail. While that is not a huge number, it isn’t terrible in a year where we have had election after election, with more to come, and a number of my friends have complained about voter burnout. Wouldn’t it be nice if we could rationalize our voting system? 

Also, the voting shift from going to the polls vs. mail-in-balloting is getting progressively larger, courtesy of the permanent vote-by-mail, called “permanent absentee voter” in Registrar-ese. I think that the 50% number is going to continue to grow, as people become less interested in taking their decreasing personal time to actually go to the polls on Election Day, and are more comfortable with social media and other not-in-the-flesh ways of communication. 

Democratic Clubs and the 34th Congressional District 

In large part because of all the interesting and contentious elections in what used to be boring old Northeast LA, our Democratic clubs have been growing by leaps and bounds. At last week’s Northeast Dems endorsement debate, around 200 members packed the venue to hear Gil Cedillo and Joe Bray-Ali. And these were actual dues paying members, since you had to be a member to vote. Good for them. 

I won’t get into the NEDC’s CD1 endorsement debate, since it mirrored other recent debates between incumbent Gil Cedillo and challenger Joe Bray-Ali. I will only say that the vote was overwhelmingly in favor of Gil Cedillo. The one variable I’m not quite sure about is that in the “old” days you had to have been a member by the beginning of the year to vote. I heard that the new criteria had a much shorter time frame and might have been responsible for the dramatic increase in the club’s numbers for this endorsement vote. 

As for the EAPD (East Area Progressives), they have had almost a geometrical membership growth, and are probably at around 800 members as I write this column. 

Since the Northeast Dems endorsed Jimmy Gomez before the primary and the East LA Progressive Dems have not yet made an endorsement, it made the April 25 meeting important. 

I will again have to admit that I wasn’t familiar with Robert Lee Ahn until recently -- I don’t go to Planning Commission meetings because I believe that they either do what the Council tells them or the Council will overrule whatever action they take. Mr. Ahn is on that Commission and it would have been helpful to see him in action, notwithstanding the City Council’s 15-0 closed ranks “we don’t care what the Planning Commission thinks” attitude. 

So I’m glad I attended the EAPD meeting. From a very articulate and passionate pitch by Mr. Ahn’s surrogate, Peter Choi, I will admit that I am fascinated, and want to learn more, not to mention meet and greet Robert Lee Ahn. A native Angeleno, (LAC/USC Hospital) he came up in the Congressional District, and ultimately became a practicing public interest attorney after obtaining his law degree from USC. 

His resume is seriously impressive. In addition to being on the LA City Planning Commission, he reads like an honest-to-god-no-kidding Bernie progressive, kind of like Joseph Bray-Ali in CD1, but this time, a straight-up lifer grassroots democrat with a real progressive track record. And a public interest lawyer to boot. 

Jimmy Gomez we know. Currently in the Legislature, well-spoken, and beyond a doubt the front runner. He’s endorsed by everybody -- Xavier Becerra himself, the California Democratic Party, and SEIU, and so on. 

At the meeting Mr. Gomez spoke very knowledgeably about current California legislation, like the Disclose Act (AB 14), which he co-authored and would require the big bucks donors on ballot measures to cough up their names. He also talked about SB 54 (the “sanctuary state” bill), authored by his friend Kevin de Leon -- which recently passed out the Senate. 

The Takeaway 

Here’s the thing. As with Council District 1, Congressional District 34 is an up-front carve-out designed to be a safe Latino District within our wonderfully partisan federal redistricting process. I’m so used to City Hall slicing and dicing Koreatown into digestible pieces, that I missed the fact that all of Koreatown is in the 34th Congressional District. And I’m sure that I am not alone in that unfortunate assumption. 

Still, it may not all be locked up for the front-runner Jimmy Gomez. After all, he wound up with only 25% of the total vote, about 2% more than Robert Lee Ahn. It’s all about turnout. If the real Bernie progressives show up in force, and there are enough of them on that list of 23 candidates, Robert Lee Ahn could win. As the primary proved, he has the ability to be raise enough funds and votes to be competitive in a runoff election. 

The trick is, Robert Lee Ahn needs to be able to reach out to everyone in the district to let them get to know him and see him in action, including me. Remember, this vote could have national implications in the toxic Washington battles to come. 

So I urge everyone to try and see both Ahn and Gomez before they cast a ballot. Hint, hint, the EAPD Endorsement Meeting will be on May 23, and it would be an excellent opportunity to see both candidates in action. You can find out more about them here.  

As readers of this column know, I love a real, competitive race for office. Witness Council District 1, the only runoff against an incumbent in LA City. Something is happening in Northeast LA, even as we gentrify. In this race the stakes are infinitely higher than for a local election, so we need to pay serious attention. This job could be for life, and we don’t need someone who will simply follow the Nancy Pelosi party line -- she and her pre-anointed candidate are what got Donald Trump elected President. 

And on a personal note, Xavier Becerra was absolutely loyal to Nancy Pelosi for his entire career in the U.S. Congress, and what he got for all that loyalty was to be passed over a lot. Even as Pelosi failed to take the hint that she’s why the Dems lost the House, and ran for re-election as House Minority Leader. 

Becerra’s a good guy (even if he has pre-endorsed in this runoff) and I’ve followed him his entire career. What the D.C. Dems did wasn’t right, and all their actions simply show that they won’t let the next generation step up and take their rightful place in Washington. You know, the ones that might actually be progressive. 

Follow this race closely, engage in the debate, and above all, VOTE if you are in the District!

 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

Why Can’t We Have Nice Things?

BELL VIEW-It’s a strange day in Los Angeles. The slow drip of slime that has been falling on the head of the only independent candidate for City Council – a guy I once described as a "ray of hope" – has started to leave a real stain.  My friend, Don, who’s been pounding the pavement for change since his training wheel days, appealed to everyone for empathy. But I can feel his heart breaking. “Why can’t we have nice things?” another friend asked in response to the breaking story.

I don’t know all the facts, but the ones I know don’t look good for the candidate. Somewhere, a former campaign staffer with an iPhone full of now ironic uplifting moments from this Cinderella story is dusting off her elevator pitch in anticipation of next year’s Sundance Film Festival. 

Empathy. It’s hard to find in an era of racism, homophobia, sexism, ageism, fat-shaming, slut-shaming, rape-explaining, and pussy-grabbing. Everything today quickly divides into two camps. And, although I believe in objective truth, and that some things are either right or wrong, I also believe that most of the answers we seek fall somewhere between the two camps. Not some squishy middle where nothing means anything, not the phony objectivity conjured by the “both sides do it” media, but true communities built among diverse people. For that kind of community to exist, we need empathy and we need optimism.

Joe Bray-Ali is done. He only ever had a snowball’s chance, and Gil Cedillo just turned up the heat. That Bray-Ali lit the match himself only adds to the sense of constant defeat that hangs in the air like smog. 

Why can’t we have nice things? 

Well … we can. Exhibit A: The Silver Lake Reservoir. Like everything, the discussion around the future of the “lake” has broken down into competing ideologies.  As usual, no discussion can take place without name calling and unfounded comparisons. Home ownership is likened to Trumpism; urban planning to ethnic cleansing; development to gentrification. I tend to divide the world up between the rich and the rest of us. 

But a park is something we should all be able to agree on. Parks are what cities do best. And LA needs more parks. 

I have a calculation I do whenever a politician in LA suggests turning some space into a park. I analyze the increased traffic flow, the impact on scarce parking resources, the potential influx of homeless people, the expense of building and maintaining the park…. 

And then I say yes.

I never met a park I didn’t like. A real park. People point to the disaster that is the “Triangle Park” in Los Feliz – but that was never anything but a glorified traffic median. Open the Silver Lake Reservoir up to people, wildlife, trees, benches, and – yeah – bathrooms and watch it blossom. I empathize with the fears of long-term residents who worry that their neighborhood will be turned into the Santa Monica Pier. I don’t see racism behind the desire to protect the single greatest investment of your life. But real progress almost always involves a leap of faith. And I have faith in the people of Los Angeles. 

Let’s make Silver Lake Reservoir a park. And let’s not stop there.  

(David Bell is a writer, attorney, former president of the East Hollywood Neighborhood Council and writes for CityWatch.) Prepped for CityWatch by Linda Abrams.

Homeless Kids Get Their Hollywood Moment

DEEGAN ON LA-Lost in the landscape of the homeless people we see across the city are youth experiencing homelessness, struggling to survive. 

They are out there, just like homeless adults, but they have a different sort of pedigree: many are “survivors” of the juvenile justice system or have been aged out of the foster care system. Parental neglect and abuse have also driven many young people into homelessness. 

Nearly 4,000 homeless youth are on the streets of Los Angeles, according to the most recent Los Angeles Homeless Service Authority (LAHSA) homeless count. 

They come into their new world of “independence” still dependent on others to help them with the basics that most non-homeless young people have already received from their families and their progression through school: food and shelter, socialization skills, job training and placement, as well as an education.

Many of these wanderers who are educated in the “school of life” find resources tailored just for them at My Friend’s Place in Hollywood. Here, dozens of youth experiencing homelessness drop in every day to access the core free offerings that include the social services triumvirate of Health and Wellbeing, Safe Haven, and Transformative Education programs. For these clients, that translates into case management, legal, medical and mental health referrals, meals and showers, creative arts workshops, educational assistance and help with employment. 

My Friend’s Place serves 1,400 individuals a year and is a member agency of Hollywood Homeless Youth Partnership that calls itself “a collection of preeminent experts on the issues of youth homelessness in Los Angeles, the current homeless capital of America.” As service providers, the Partnership agencies “work to achieve best practices in service delivery with the goal of strengthening interventions to help homeless youth exit the streets, overcoming the traumatic experiences at the core of their homelessness.” 

How does this work? According to Heather Carmichael, Executive Director of My Friend’s Place, (photo, left) “Working with the leading social services providers and educational institutions in the region as well as over 400 volunteers, My Friend’s Place offers a free and comprehensive continuum of care that combines emergency necessities with therapeutic, health, employment and education assistance, and creative arts services through three programmatic areas.” 

The professionally staffed drop-in Resource Center has in its mission statement the goal of “lowering the traditional barriers to service and providing homeless youth with the opportunity to improve their psychological, intellectual and physical capacity to reach their potential.” 

Carmichael has been doing this type of work for over 23 years as a Licensed Clinical Social worker helping at-risk and high-risk youth, and working at My Friend’s Place for 17 years where she has helped grow the organization to be one of the largest comprehensive service centers in Los Angeles for youth experiencing homelessness. 

The composition of this mostly invisible homeless youth population can be eye-opening: My Friend’s Place serves homeless youth ages 12 to 25 and their children. That’s right -- their children -- a mostly under-acknowledged population that is homeless, just like the more familiar populations that are segmented into homeless male adults, homeless women with children, and homeless veterans. 

Any entry barrier that could be created by the cost of services is kept deliberately low for the young people who flock to the safe haven of My Friend’s Place in Hollywood. Carmichael, her staff and dozens of volunteers all work to “create positive attachment” with them, as she describes their process. 

Along with traditional social services, My Friend’s Place has become a beacon for youth with a level of distress above the norm, as described in a recent snapshot by Children's Hospital Los Angeles. In side-by-side categories, these homeless young people were shown to be more vulnerable than homeless youth accessing services at other agencies. The needs assessment conducted by CHLA, with support from the California Endowment, was overlaid with data from My Friend’s Place, revealing that the homeless youth who access services at My Friend’s Place exhibit significantly higher rates of substance abuse, past trauma, and mental health challenges. 

Carmichael explains, “As for the level of distress of the youth receiving support here at MFP, many of the youth we serve have not been able to thrive in other structured environments and have lost housing, been banned from other community resources leaving them with fewer options and leading them to more intense survival behaviors, greater exposure to victimization and the further delaying of healing of childhood abuse and neglect. We operate as a kind of ‘urgent care’ center for youth who are super distrusting of adults and social services. We meet youth ‘where they are at’ in the ultimate intention to engage them on a path toward wellness and stability.” 

A good example of someone helped by their program is 23 year old "Alicia" (she asked that a pseudonym be used to protect her privacy) who offers that "being homeless, you quickly become used to people not caring. But there was never a day I felt like I couldn’t come to My Friend’s Place and find support. Eventually, with the help of My Friend’s Place and other organizations, I got into shelter, I got a job and I began to really work on myself." 

Being a homeless youth in Hollywood does not mean being without friends or a place to get help, as My Friend’s Place now demonstrates five days a week, operating for the past 29 years since 1988 when a small staff started it all by packing 50 sack lunches and heading out for their first Friday night meal drive. They were greeted by over 100 young people in need of food. It was the first of thousands of “moments” in Hollywood that have made My Friend’s Place “home” to homeless youth, and such a significant contributor to the community.

 

(Tim Deegan is a long-time resident and community leader in the Miracle Mile, who has served as board chair at the Mid City West Community Council and on the board of the Miracle Mile Civic Coalition. Tim can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

Is Everybody Really on Board with LAUSD's Universal Enrollment?

EDUCATION POLITICS-The pro-privatization LA School Report (LASR) spun a school board committee meeting report last month to say that just about everybody in LAUSD wants charter schools to be included in a universal enrollment system. This was alarming since universal enrollment is an urgent priority of the charter lobby. 

“Common enrollment is a big Walton idea to put charters on the same footing as public schools,” education historian and national treasure Diane Ravitch told me in an email.

Whether they call it universal enrollment, common enrollment, unified enrollment, or OneApp, charters want to piggyback on the establishment. Always insisting that they are “public schools,” they want to be viewed that way by every parent, “regardless of zip code.” Similar enrollment systems in New Orleans and Denver were funded by the pro-charter Walton Family Foundation

Yet the headline to the meeting recap cheered, “All sides push for earlier inclusion of charters as LAUSD readies its Universal Enrollment site.” 

This caused a bit of a stir because the article said that even the privatizers’ nemesis, UTLA, was on board. 

“One of the committee members, Robin Potash, a teacher representing UTLA, said it was important for the district to include charter schools in the list of options and to do it faster than their present timeline….“We all know there are many new charters opening in the district and they should be included as soon as possible,” Potash said. “These are all our students and they should be listed as options.” 

Given that universal enrollment is such a boon for charters, could it be true that there is consensus among the California charter lobby, the UTLA representative and all three LAUSD board members on that committee? 

I called UTLA’s Robin Potash to find out if LASR quoted her accurately. 

She explained that her comments at the meeting came after a rosy presentation by the LAUSD School Choice department. (You can watch here.) 

One LAUSD staffer said it was like a shopping cart. “What this will allow parents to do now is a one stop shop.” 

We’re “hoping to increase the equity and access,” said another. 

That resonated with Potash. She said her school, located in South Central LA, has four co-located charters impacting it. She was hopeful that the inclusion of charters in LAUSD’s enrollment application would also bring some much needed oversight of them. 

Potash was looking for solutions to a problem that is so common that the ACLU issued a report last year admonishing the one in five California charter schools that were found using discriminatory enrollment practices, according to the report. The NAACP found discriminatory enrollment by charters to be such a significant problem that it called for a national moratorium on charter expansion until that and other issues were corrected. 

Maybe including charters in LAUSD’s enrollment process would be a way of making them more accountable for using the standard enrollment methods employed by district schools. At least that’s what Potash hoped. 

She’s not alone. 

Last year, California’s State Senate Education Committee held a hearing about charter oversight. The committee was asked to push school districts for common enrollment for the same reasons Potash thought it might help. 

In testimony to the committee, Silke Bradford, the Director of Quality Diverse Providers for Oakland Unified School District, suggested that a common enrollment system like New Orleans uses, would go a long way toward providing the oversight and accountability that charters need. You can watch her testimony here.  

She said for charter schools to be “pure public schools,” a term she coined to distinguish charter schools that are using public funds transparently from those that are not, they have to do better about including all students. Specifically, she asserted that the increased oversight of a common enrollment system would prevent exclusionary enrollment because all parents would get applications rather than just the parents handpicked by a particular charter or those savvy enough to navigate a complex system. She said charters would no longer counsel out students who proved challenging or expensive to educate. She also thought it would give foster students a better shot at enrolling. Left on their own, charters set application deadlines before foster youth are placed in homes. 

To be clear, Bradford is a charter oversight authority -- a former Green Dot Charter School administrator -- who was asking the State Legislature to push districts to enact common enrollment in order to help hold charters accountable for their failure to provide equitable access.

It should not be surprising, then, that someone would sit through a presentation about the wonders of universal enrollment and conclude that it could help provide some oversight that charters are currently lacking. 

Plus, LAUSD’s School Choice department was so convincing. You can watch their presentation here.

So it seems the policy makers are all in. What does the research say? 

Let’s visit the petri dish -- or swamp -- of charter takeover, New Orleans. Researcher and author, Mercedes Schneider previously examined the New Orleans’ unified enrollment experiment, “OneApp”, in July 2013. That post might have been the most in-depth review of the topic at the time. She said the selective enrollment has continued under OneApp. 

In fact, four years later, we now know that inequity is worse in New Orleans than it was before implementation of the common enrollment system, according to a Stanford University study.  

Education researchers Frank Adamson, Channa Cook-Harvey, and Linda Darling-Hammond have issued a report called, “Whose Choice? Student Experiences and Outcomes in the New Orleans School Marketplace.” 

In an email, Dr. Adamson told me, “The common enrollment approach is a major cornerstone of how schools end up selecting students (instead of the other way around). This usually occurs through a variety of loopholes (some schools maintaining neighborhood, sibling, or other preferential treatment), lack of equal access in the stratification by race and class in terms of access to higher performing schools.” 

You can read the full report here.   

Even a Walton funded report conceded problems. It quoted a parent as saying, “They make us believe that we actually have a choice and we’re involved in the process of picking our children’s school, but ultimately, if the computer didn’t pick your [lottery number], it doesn’t matter.” 

Last year, when Oakland Unified School District was considering common enrollment, Dr. Adamson was joined in a panel discussion by Julian Vasquez Heilig, the head of Cal-State Sacramento’s education leadership PhD program. He also chairs the education committee of the NAACP of California and is a board member of the pro-public school Network for Public Education co-founded by Diane Ravitch. His blog is called Cloaking Inequity

Dr. Vasquez Heilig said, “We know a lot about what happens with common enrollment from New Orleans.”  

He explained that the higher performing schools fill up and many kids get stuck in lower performing schools. The more elite or higher performing schools create additional hoops that some parents don’t have access to, such as attending seminars or filing extra applications.

“OneApp is disingenuous because there are alternative pathways,” into the higher performing schools, he said. 

He summed up the lessons learned in New Orleans this way: “They’re last or nearly last in every single education indicator.” 

The research on New Orleans provides extensive evidence about the consequences of unified enrollment. LAUSD officials should do their homework before implementing such a system in the second largest school district in the country.

Concerned about LAUSD's Universal Enrollment? E-mail, call or write your school board member:

  213-241-6387[email protected]
  213-241-6385
[email protected]
  213-241-6388
[email protected]
  213-241-6382
[email protected]
  213-241-5555
[email protected]
  213-241-6180
[email protected]
  213-241-8333
[email protected]

And the Superintendent:
[email protected] 
213-241-7000

 

(Karen Wolfe is a public school parent, the Executive Director of PS Connect and an occasional contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

 

Believe It or Not, Science is Real

CITYWATCH RESISTANCE WATCH--My day began bright and early yesterday at 5:00 a.m. I and two friends loaded up the car with our DJ equipment and headed off to the March for Science at Pershing Square. As official DJs for the march, we had permission to set up our gear at the corner of 6th and Hill. After setting up and securing our official t-shirts, I headed off to the press booth to pick up my press badge. 

The day was a scorcher but the mood was buoyant as some 50,000 people gathered to send a message to public servants from local and state officials to the Trump administration: BELIEVE IT OR NOT, SCIENCE IS REAL. 

I was doing double duty at the event which marked the 47th anniversary of Earth Day. I spoke to dozens of people of all ages and nationalities about why they came down to Pershing Square. Here is some of what they said: 

Earth Day 2017 at the March for Science LA    

The event was a great way to get first hand information from all manner of scientists, researchers, activists, educators and enthusiasts. The speakers list was filled with brainiacs like organizers Jennifer and Philip Wheeler, CSUN astrophysicist Farisa Morales, seismologist Lucy Jones, US congressman Brad Sherman, high school student Joanne Boadi, Children’s Hospital LA pediatrician Diane Tanaka, NextGen Climate founder Tom Steyer, Hidden Figures screenwriter Allison Schroeder, and CSUN plant biologist Maria Elena Zavala. 

The Square was lined with booths from scientific and environmental organizations such as NASA, Cal Tech and the Sierra Club with scientists and activists holding impromptu educational sessions right then and there. 

As for my time over at the DJ booth, we had people getting into the groove to the sound of cumbia, salsa, tribal, jazz and African beats with a dash of classic oldies from the 60s through 90s and a pinch of today’s top hits. We’ve also added a new addition to our collective – DJ Rockin’ Riot. His infectious brand of Record Hop with Wild Boppers, Hot Jivers & Cool Strollers had dreaming of lindy hop magic as they waited in line for the various offerings from the food trucks lining Hill Street near our booth. 

It was a beautiful day on Earth Day 2017 and I am filled with hope at the fact that 45 is making resisters out of people who never thought they would be protestors. #KeepResisting !!

(Jennifer Caldwell is a an actress and an active member of SAG-AFTRA, serving on several committees. She is a published author of short stories and news articles and is a featured contributor to CityWatch. Her column at www.RecessionCafe.wordpress.com is dishing up good deals, recipes and food for thought. Jennifer can be reached at [email protected].  Facebook: http://www.facebook.com/jennifercald - Twitter: @checkingthegate ... And her website: Jenniferhcaldwell.com) 

-cw

California Supreme Court: An Epidemic of Misconduct?

CORRUPTION WATCH-Secrecy is power. Power tends to corrupt. Corruption destroys. The courts are the most secretive branch of government. The secrecy which the California courts enjoy has resulted in serious constitutional violations. 

While anyone may bring a video camera to record other public meetings, the law forbids the recording any judicial proceeding without the express, prior permission of the court. California Rule of Court 1.150: 

1.150 (c) Photographing, recording, and broadcasting prohibited 

Except as provided in this rule, court proceedings may not be photographed, recorded, or broadcast… 

1.150 (d) Personal recording devices 

The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device must obtain advance permission from the judge. The recordings must not be used for any purpose other than as personal notes.

In contrast, California law mandates that all other public meetings may be recorded by the public. 

Government Code, § 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. 

Trials are not secret proceedings closed to the public and the Brown Act recognizes that the recording of a public meeting is no different from a person’s watching and listening to a public meeting. Is there any reason that people, including parties to litigation and the news media, must obtain the express permission of the judge in order to record a trial? Even if the judge permitted a record, under Rule 1.150(d) the recorder’s use is limited “personal notes.” “The recordings must not be used for any purpose other than as personal notes. Rule 1.150(d) 

Since we have all seen trial excerpts actually televised, the courts are ignoring the law when it suits the court’s interests. If a judge wants a recording made public, he ignores the law that limits the use to “personal notes.” In a nation based on the rule of law rather than the whim of men, judges should follow the law, but they do not. Rather, in California the judges and justices do whatever personally pleases them. That is tyranny. 

In the last several years, judicial abuse has become worse since the courts have ceased to have official court reporters. As a result, only the wealthy can afford to pay for court reporters and those court reporters are beholden to the law firm which retains them. The number of missing words and “inaudibles” which appear favorable to the party who hired the court reporter is suspiciously high. Others who were present in court not only do not have permission to use a tape recorder, but if they obtained permission, they are forbidden to use their recording to augment or correct an inaccurate transcription. “The recordings must not be used for any purpose other than as personal notes. Rule 1.150(d) 

It is worse than ironic that public court hearings during which someone’s life may be destroyed -- where he may be judicially robbed of all he owns or placed on death row -- may not be recorded, yet the Brown Act mandates that anyone may record a public meeting which discusses which sidewalks need repair. 

Sunshine Is the Disinfectant that Rids Government of Corruption 

Over a century ago in his book, Other People’s Money (1914), soon to be Supreme Court Justice Louis Brandeis wrote: 

“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman. And publicity has already played an important part in the struggle against the Money Trust.” 

More than 100 years later, the disinfectant of sunlight is shut out of California courts. The power of secrecy keeps the public from knowing what is being done to them. The federal court system, however, is one institution with many opportunities to witness the persistent constitutional violations of the California judiciary. 

The nation has two court systems. While each state has its own courts, the federal government has its own system organized into districts. California State Courts fall in the Ninth Circuit Court of Appeals which covers the entire western United States. When it comes to the U.S. Constitution, the federal system has the final say. 

California’s Epidemic of Misconduct 

The Federal courts have been trying for decades to force the California courts to rectify their unconstitutional behavior. In January 2015, three federal judges complained that the California courts display an “epidemic of misconduct” and placed the blame on state court judges and, in particular, on California Supreme Court Chief Justice, Tani Cantil-Sakauye (albeit the problem predates her tenure.)

The January 2015 case involved both a lying jailhouse informant and the prosecutor who committed perjury in order to convict the defendant. When the State Court of Appeals learned about the lying jailhouse informant and the prosecutor’s perjury, they said it was “harmless error.” A prosecutor solicits perjured testimony and then himself falsely testifies in the front of the jury that the lying jailhouse informant is credible. Yet, the California judges find committing two felonies to be harmless error. As the three federal judges knew from their experience, this type of misconduct was not rare, but rather California was suffering from an epidemic. 

Federal Judges Acknowledge that the California Courts Will Persist in their Constitutional Violations 

As federal Judge Kozinski noted, prosecutors "got caught this time but they are going to keep doing it because they have state judges who are willing to look the other way." 

As Judge Kozinski predicted, a year later the federal courts were faced with the unconstitutional behavior of the California justices themselves. This time, the justices were not merely turning a blind eye, but they were, in fact, the perpetrators. The case was Curiel v Miller (9th Cir. # 11-56949, March 23, 2016.) 

Writs of Habeas Corpus, Briefly Explained 

The Curiel Case presents an esoteric issue for the layman, i.e. when may the federal court review the state court’s denial of a writ of habeas corpus? Simply speaking, when someone believes that he is wrongfully imprisoned, he may ask the court to be released. He seeks a writ of habeas corpus. If granted, the court then tells the jail to release imprisoned person. 

The writ process is slow since the wrongfully incarcerated person has to start with the trial court, work his way through the state court system, and if denied by the California Supreme Court, he has to petition the federal courts. Thus, a wrongfully imprisoned person can spend several months or years in jail without a just basis for being locked up. (Curiel was convicted in March 2006, and the Ninth Circuit issued its opinion a decade later in March 2016.) 

The California state courts have a history of locking up people who have done nothing wrong. Former U.S. Attorney Richard I. Fine, for example, was thrown in jail for fourteen months because he had brought to light the fact that all the judges in Los Angeles County were receiving millions of dollars in extra salary from the County. In retaliation, Attorney Fine was disbarred, ordered to pay hundreds of thousands of dollars and thrown in jail. Thus, readers should realize that we are discussing being soft on crime. People who have done nothing wrong except anger California judges can find themselves incarcerated. 

In his concurring opinion in the Curiel case, Judge Jay S. Bybee, who is a recent George Bush appointee to the Federal Court, related the extensive history of the Federal courts’ attempts to have the California Supreme Court provide an accurate explanation why a writ for habeas corpus has been denied. If a prisoner has filed his writ late, then the federal court may not review the propriety of his incarceration, but if his writ is defective, then the federal court may review and reverse the denial. Then, the prisoner may be released or he may have a new trial. 

California Supreme Court Intentionally Interferes with the Functioning of the Federal Judiciary 

In order to thwart the federal court’s review of its denial of habeas corpus petitions, the California Supreme Court often refuses to say whether the habeas corpus petition was late or defective. The California Supreme Court’s intentional perpetuation of this ambiguity prevents defective denials from being reviewed. As stated, a late habeas corpus petition is not subject to federal review. In order to take a case for review, the federal court needs to show that the case involved a defective writ. When the Supreme Court obfuscates the basis for denying the writ, the federal court cannot show that the writ was denied because it was defective. Can one imagine a more gross violation of constitutional rights than locking someone up and then refusing to tell the reviewing court why? (This conundrum has its origin with the U.S. Supreme Court which has established a habeas corpus writ review procedure that makes it easy for the state courts to violate the U.S. Constitution and evade review by the federal courts.) 

Thousands of Californians are subjected to these Constitutional Abuses 

Since there about 3,400 denials of writs of habeas corpus each year, a significant number of people are affected by the California Supreme Court’s intentional interference with the federal court’s work. Federal Judge Stephen Reinhardt stated that the California Supreme Court’s behavior leaves “even clearly erroneous constitutional decisions of the state courts...uncorrected and leave[s] defendants without the check on constitutional error…” 

The Constitutional Crisis that Arises from the Recalcitrant Nature of California Supreme Court Justices 

Federal Judge Jay S. Bybee went so far as to suggest that the California Supreme Court needs new justices. When the degree of intransigence in denying people their constitutional rights has become so serious that a federal judge recommends a change of the composition of the California Supreme Court, we have an extraordinarily grave constitutional crisis.

“I recognize that I am writing against a long history of conversations between our court and the California Supreme Court over precisely these kinds of concerns. Perhaps changes in the composition of that court will give it the opportunity to rethink how it disposes of its summary habeas docket.” Judge Bybee, concurrent opinion, page 25, fn 1. 

Federal Judge Bybee recognizes that the problem with the California judiciary rests with the character, or lack of character, of the people who serve on the court. Because a fish rots from the head down, his suggestion that the composition of the Supreme Court be changed focuses attention where it belongs – on the moral failures of the California judiciary.

 

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch) Edited for CityWatch by Linda Abrams.

A Los Angeles (Rambling) State of Mind

MY TURN--Personally, it seems to be a combination of schizophrenia, paranoia, disillusionment, idealism, optimistic, and activism. It is difficult to be apathetic living in these times. Events and rhetoric   coming out of Washington DC ranges from the "Gang that couldn't shoot Straight" to "Wow maybe that was a smart move to get China to help with North Korea." 

This almost first 100 days of a new administration has not been boring. It would be good to have a little boredom right now. If I were a betting woman, I would bet that we will not have a "great" tax cut plan; a new "health care" plan; and a government funding continuation this week.   Congress and the White House will probably do what has been done in the past and kick the funding of the government on a temporary basis till September. 

At this stage neither the two political parties or the President can afford to shut the government down!

+++++++++

Mayor Garcetti did his dog and pony act on budget matters last Thursday and again proved his position as LA's chief cheerleader. My CW colleague Jack Humphreville again jumped in with his "Sky is Falling" commentary on how the Mayor is not being realistic and gave his readers something more to worry about. Both of them are right.   So how do we get to a compromise? 

Unemployment fell in California and our GDP led the federal average. However if the Writers Strike occurs a lot of that good news will quickly disappear. We have the City run-off election on May 16th with two City Council seats, District 1 and District 7. I haven't received a ballot in the mail so I assume I am not involved in any of the runoffs.

I have mentioned in other articles how it seems we in Southern California lives in a bubble. Even Mother Nature looked favorably and ended our drought. Our Governor has done a good job in trying to insulate us from the misguided environmental rollbacks emanating from DC.   Whether they will result in punitive action from the President remains uncertain. 

I was happy to see the CALEXIT group eliminated their ballot initiative for now. California is an important part of this country and when things get tough you don't run away but marshal forces and make changes. 

Lots of hue and cry about California … in particular Los Angeles … being a Sanctuary State or City. I do think that we should deport felonious illegal immigrants. Why do it after their incarceration is beyond me. It is expensive housing prisoners. If they are convicted send them back to serve their prison term in their country of birth.

+++++++++++

Unless you are wealthy the prisons in the US are far nicer than those in other countries. To those who say the criminals will just come back ... we can take part of the ‘wall’ money and put in more technology and personnel to try and keep that from happening. 

Rather than building a "beautiful" wall on our Southern Border it would make more sense and certainly be a more efficient way of saving money and getting rid of undesirable elements. 

Driving without a license is not a felony. Driving without a license and DUI twice is cause for deportation and driving with or without a license and causing an accident is cause for deportation. Maybe we can accomplish two goals ... cut pedestrian deaths which have risen dramatically this last year... and get rid of those who put us in danger every time they get in a car. I wonder what the statistics are on those who commit more than one DUI?

+++++++++++

The two items I am most concerned about in the President's tentative budget are the 20% cut to the National Health Institute and the 30% cut in funding to the EPA. I lived in LA before we had strict regulations. I worked downtown and one couldn't see the next building because of the yellow/brown smog hanging there. 

Now we have more beautiful days than "smog" days. We will never get rid of smog permanently as long as we are a big city. Our geography and love of cars not horses or bicycles will not allow it. But to tell automakers they don't have to adhere to the standards Obama proposed is suicide for the coming generations.

+++++++++++

I can talk about the NIH (National Institutes of Health) from personal experience. Last month a young close family member was diagnosed with Leukemia. If it were eleven years ago her outlook would have been dismal. Fortunately, ten years ago a "miracle" drug was introduced that made this dreaded disease treatable and in many cases full remission was the outcome without the terrible side effects. 

The NIH gives grants to qualifying medical related individuals, pharmaceutical companies, scientists of every ilk to try and eradicate disease.   Again on a personal note, my Brother and Sister-in-law, (Lonnie and Paul Zeltzer) are academic medical Doctors.   As Director of the UCLA Pediatric Pain and Palliative Care Program, my sister-in-law was at the forefront in helping children and adolescents to manage pain. She is invited all over the world to teach some of the techniques she has been instrumental in discovering. 

I was a guest at a recent fundraising event for the UCLA Pediatric and Palliative Pain Program at UCLA. It was organized primarily for and by parents of children who had gone through the Pain Program. I sat there almost in tears and with great pride in hearing these parents talk about how their children not only survived but thrived. Several talked about having a child in a wheel chair and now several years later is a freshman at an away college, or back at a regular High School.   

There is nothing more precious to a parent than the well being of their children. My sister-in-law sits on one of the NIH advisory committees and attends meetings at the Washington DC facility. She has an NIH grant. My Brother is also a Professor and was part of several groups studying immunology for brain tumors. He also is called upon internationally to discuss his work and has been able to work on these life saving measures... and feed his family because of grants. 

If enough people raise their voices about these and other issues it will have an effect. The "March for Science" was awesome. Yes we need to balance our budget. What good is it to be able to shoot down a missile if more people die of heart disease and cancer because of funding? We need a balance! 

As always, comments welcome.

 

(Denyse Selesnick is a CityWatch columnist. She is a former publisher/journalist/international event organizer. Denyse can be reached at: [email protected])

-cw

More Articles ...

Get The News In Your Email Inbox Mondays & Thursdays