People v. Cole (2008)

In People v. Cole (2008) 165 Cal.App.4th Supp. 1, the trial court found that there were no available courtrooms to try two misdemeanor cases. It noted that this type of situation was not an emergency but a "continuing problem of constantly rising caseloads." (Cole, supra, 165 Cal.App.4th at p. Supp. 6.) All of the civil courtrooms were hearing criminal trials. The trial court interpreted section 1050, subdivision (a) to exclude family law, probate, juvenile, traffic or small claims matters, and in any event, the important work done by these departments "would be completely eliminated" if criminal trials took precedence over those matters. Such elimination would be "detrimental to the citizens of the community." (Cole, at p. Supp. 8.) The case was dismissed pursuant to section 1382 because there were no available courtrooms. (Cole, at p. Supp. 9.) The Cole court concluded a precise definition of "civil matters or proceedings," as used in section 1050, subdivision (a), was "unnecessary based on the discretionary nature of section 1050, subdivision (a), which gives the trial court discretion to allocate its resources in a manner consistent with the ends of justice." (Cole, supra, 165 Cal.App.4th at p. Supp. 14.) Thus, the court found that "civil matters or proceedings" had not been defined in section 1050 and did not believe such definition was necessary. (Cole, at pp. Supp. 13-14.) It then held that section 1050 was merely directory and not mandatory. (Cole, at p. Supp. 14.) It concluded that "whether a particular criminal case takes precedence over civil matters is within the court's discretion." (Id. at p. Supp. 15.) The Cole court found that the trial court had not abused its discretion in dismissing the cases: "We conclude that the trial court was entitled to exercise, and did exercise, its discretion in a manner consistent with the policy and objectives of section 1050, subdivision (a). It considered all relevant circumstances, including the welfare of the citizens of the State of California. It indicated that separate from its legal interpretation of the term 'civil,' its decision was based on its finding that traditional civil courtrooms were already exclusively devoted to criminal trials, that the work done by the family, probate, traffic, small claims and juvenile courts was of great importance to the community, and that depriving the community of these remaining judicial services would be highly detrimental to its citizens. Because the policy of criminal case precedence expressed in section 1050, subdivision (a), is based on the welfare of the citizens of the State of California, this is a valid and relevant consideration in determining whether a particular criminal case should receive precedence." (Cole, supra, 165 Cal.App.4th at p. Supp. 16.) In Cole, the appellate division rejected the People's argument that the trial court abused its discretion by refusing to continue the trial beyond the statutory limit of section 1382. In Cole, the court found "chronic court congestion and overcrowding do not constitute good cause for a continuance under section 1382." (Cole, supra, 165 Cal.App.4th at p. Supp. 17; see also Rhinehart v. Municipal Court, supra, 35 Cal.3d at p. 782 "absent exceptional circumstances, a trial court's congested calendar does not constitute good cause to avoid a dismissal under section 1382".) The Cole court also found, "Because the state has the obligation to provide sufficient resources to dispose of the usual court business promptly, court congestion will not constitute good cause unless the circumstances are exceptional. Exceptional circumstances are defined as unique, nonrecurring events which have produced an inordinate number of cases for court disposition. " (Cole, at p. Supp. 17.) The court concluded, "The record shows that the lack of available courtrooms was the result of chronic court congestion, a fact undisputed by the People. Nothing in the record suggests exceptional circumstances. While the effect of the congestion (i.e., the two misdemeanor dismissals) may have been unique, this was merely the inevitable and foreseeable result of the chronic and increasing court congestion. Therefore, no good cause for a continuance was established." (Ibid.) The Cole court also rejected that the record supported the congestion was due to court mismanagement or administrative policy, and even if it did, that was not good cause to avoid dismissal under section 1382. (Cole, at p. Supp. 17.)