Efforts to Bully Superior Court Judges Into Submission on Unification Are Wrong By Michael Duggan

Like a lot of my colleagues on the Municipal Court bench in Los Angeles County, I favor unification with the Superior Court. Our colleagues on the Superior Court have twice voted against unification, and while I regret the outcome of their vote, I believe that SCA 4, as passed by the voters of this state, confers upon the judges of each county a constitutional right to decline unification. Since the vote was "NO," that should have been the end of it.

Alas, my brothers and sisters on the Superior Court bench are now under unrelenting pressure to change their vote. Those who guide the matters of the judiciary, both in San Francisco and in Sacramento, don't seem to want to take "no" for an answer. As I said, personally, I favor unification in Los Angeles County, but I don't like to see the Superior Court being bullied about by those who hold the purse strings of the court. I think this now has become an issue threatening judicial independence.

When the voters approved Proposition 220, it bestowed upon the judges of each county the constitutional right to decline to unify. If the constitutional right to say "no" is ignored, or overborne, or if the Superior Court is pressured into a different answer, then the judiciary will be run by the politicians instead of the judges.

I don't like to see constitutional rights violated. I didn't know you could punish someone for exercising his or her constitutional rights. The judges have exercised their constitutional right and made their decision. Even though I believe it was the wrong decision, I believe it would be a greater wrong to stand by silently and watch them be forced to change their minds for the wrong reasons.

As much as it would be nice to have a statewide unified system of courts, the voters didn't dictate that, and neither should the chief justice nor anyone else. If budgets are going to be cut to Los Angeles County courts for failing to unify, then someone ought to raise a high, holy stink which should extend beyond the Cal Supreme Court.

I want unification, but I don't want to be part of a shotgun marriage. Unification should be for the right reasons, and not because someone is going to hit us over the head with a checkbook if we don't go along with their program. When the courts bow to political pressures we cease to be independent. I didn't sign up for that, and although I disagree with my colleagues who voted against unification, I absolutely support the necessity of an independent judiciary, and I can live with their decision until they come to a change of view — for the right reasons.