County’s presiding judge says deficit of judges partly to blame for backlog
Riverside County Superior Court Presiding Judge John Monterosso acknowledged today that the heavy load bearing on the local court system started with the COVID emergency orders that changed court operations, but emphasized that the county continues to suffer a deficit of judges, resulting in cases being dismissed.
"I share others' frustration when a case is not resolved on the merits, or due process is impaired, due to a lack of available judicial resources," Monterosso said in a statement. "The genesis of the current set of circumstances is the chronic and generational lack of judges allocated to serve Riverside County."
Monterosso's remarks came a day after District Attorney Mike Hestrin denounced a rash of case dismissals -- more than 200 -- in recent weeks due to judges finding it untenable to contend with thick dockets that swelled after the public health lockdowns went into effect.
"I assure you that we are doing everything in our power, advancing every legal argument, preparing every viable appeal, offering the court every possible solution, to keep our local judges from dismissing criminal cases," Hestrin said. "These case dismissals are not justified and are not justice."
The District Attorney's Office estimated the collective backlog to number around 2,800 unresolved criminal matters.
"This includes both misdemeanor and felony offenses," the agency said. "Most dismissed cases involve domestic violence charges but have also included other crime types, such as an assault case and a robbery."
The backlog is a direct result of the changes in court operations that were ordered or allowed by the Office of the Chief Justice beginning in March 2020.
Following the initial emergency declaration, the courts implemented a series of additional emergency-driven modifications, with multiple courthouses in the county closed for most of 2020, and others only available to the public for limited hours each weekday.
Between early spring and late summer 2020, jury trials were suspended, unless they had already begun.
All of the COVID-linked emergency orders affecting the county's courts expired on Oct. 7.
"The dispensing of statutory timelines for criminal trials under the emergency orders delayed the `day in court' for numerous criminal defendants and those impacted by the alleged crimes,'' Monterosso said. "While the law allows a court to continue a case beyond the statutory deadline for `good cause,' the decision on whether `good cause' exists is an individualized decision made by the trial judge based on the law and the facts of the case. It is settled law that backlogs due to a chronic shortage of judges is not good cause to continue a criminal case."
Judges have been citing instances where they cannot find courtrooms to try matters, even when the prosecution and defense are ready to move forward with proceedings, according to the District Attorney's Office.
"Rather than granting the prosecution a brief continuance until a trial courtroom becomes available, judges have chosen to dismiss criminal cases and release the accused perpetrators," the agency stated.
Monterosso countered that judges are redoubling efforts to accommodate trial requests, often times summoning prospective jurors for screening late on weekdays to courtrooms where juries in other matters are still deliberating.
He said that even with the coronavirus-driven disruptions, the Superior Court still managed to complete 368 criminal jury trials and 94 civil trials going back to the spring of 2020.
Monterosso said civil judges are being enlisted to dispose of criminal matters, and the Superior Court has relied on retired judges to pitch in via the Temporary Assigned Judges Program.
"The Riverside County Superior Court is committed to utilizing all of its resources as efficiently as possible in order to ensure due process for all persons with business before the court," the presiding judge said.
Monterosso stressed that the county has 90 authorized and funded judicial positions, but a 2020 Judicial Needs Assessment Study noted that 115 judicial officers are needed to ensure efficient operations throughout the local court system and prevent logjams.
"While every court in the state may have experienced similar backlogs at times, Riverside County is uniquely challenged in managing such a backlog due to a decadeslong shortage of judges," Monterosso said.
The current backlog is reminiscent of the cumulative impact of a buildup of unresolved criminal cases in 2007 that prompted the state to dispatch a "judicial strike team" to the county to help sort through criminal cases clogging the court system.
At the time, the Superior Court virtually halted civil jury trials for months while judges focused on reducing the strain on judicial resources. An empty elementary school was even converted into a makeshift courthouse, specifically to hear civil matters.
The backlog at that time was about half of what it is now.
