People v. Flores (2009)

In People v. Flores (2009) 173 Cal.App.4th Supp. 9, the trial court stated that all courtrooms in the entire county were unavailable and that most of the civil courtrooms were engaged in criminal trials. (Flores, supra, 173 Cal.App.4th at p. Supp. 13.) he court then noted that there were three civil judges doing civil trials at the Hawthorne Elementary School. It noted that the judges had been appointed by the AOC to conduct civil cases only. It also stated that the security was inadequate at the facility to ensure the safety of the jurors and court staff. (Ibid.) It refused to transfer the judges to a secure courtroom because it would be interrupting civil trials. (Id. at p. Supp. 16.) It also rejected that it would assign any cases to family law or juvenile courts as they had huge caseloads and were protecting children and spouses. (Id. at pp. Supp. 13-14.) The Judicial Council had been notified to request a visiting judge, but apparently none was available. (Id. at p. Supp. 15.) The case was dismissed. (Id. at p. Supp. 16.) On appeal to the appellate division of the superior court, the court concluded that " 'civil matters or proceedings' in section 1050, subdivision (a), is broad indeed, and means any civil action or special proceeding of a civil nature which is not clearly a criminal action," but that a " 'precise definition' " is not necessary. (Flores, supra, 173 Cal.App.4th at p. Supp. 20, fn. omitted.) The Flores court then reiterated that section 1050, subdivision (a) was not absolute and only requires granting precedence in a criminal case if to do so is just. (Flores, at p. Supp. 22.) It agreed with Cole that family, probate, and juvenile departments should not make way for criminal matters. (Flores, at p. Supp. 22.) In Flores, the court rejected the same argument. In that case, the court rejected the People's argument that the trial court's mismanagement by placing the Hawthorne courts off-limits was grounds for "good cause" for the continuance. It concluded: "The situation in the Riverside Superior Court of insufficient courtrooms and judges to try all criminal matters before the statutory deadlines is in no way novel or limited to this case--it has been the norm for some time now. Because we have already concluded the trial court did not abuse its discretion by not utilizing available noncriminal resources to try Flores's case, we find no court mismanagement whatsoever." (Flores, supra, 173 Cal.App.4th at pp. Supp. 24-25.) The Flores court concluded, "Lack of resources, not court mismanagement or congestion caused by an exceptional or emergency situation, lay behind the delay in Flores's trial. Under this state of affairs, granting a continuance would have been an abuse of discretion." (Flores, supra, 173 Cal.App.4th at p. Supp. 25.) The court rejected the People's argument that the trial court's mismanagement by placing the Hawthorne courts off limits was grounds for "good cause" for the continuance. It found, "The situation in Riverside Superior Court of insufficient courtrooms and judges to try all criminal matters before the statutory deadlines is in no way novel or limited to this case -- it has been the norm for some time now. Because we have already concluded the trial court did not abuse its discretion by not utilizing available noncriminal resources to try Flores's case, we find no court mismanagement whatsoever." (Flores, supra, 173 Cal.App.4th at pp. Supp. 24-25.) The Flores court concluded, "Lack of resources, not court mismanagement or congestion caused by an exceptional or emergency situation, lay behind the delay in Flores's trial. Under this state of affairs, granting a continuance would have been an abuse of discretion." (Flores, supra, 173 Cal.App.4th at p. Supp. 25.)