A Los Angeles County judge ordered newly elected District Attorney George Gascón to show why criminal justice reforms he enacted should not be dismantled.
LA County Superior Court Judge David J. Cowan asked Gascon in his Dec. 30 Order to Show Cause for an explanation of his special directives, which the Association of Deputy District Attorneys for Los Angeles (ADDA) alleges conflict with state law.
“Gascon wants to reduce incarceration and focus on rehabilitation and I don't think anyone in my office would disagree with that goal,” ADDA president Michele Hanisee said. “The problem is we don't have particularly effective rehabilitation programs in California. It would be nice to see all the energy being put into studies or pilot programs to find effective methods of rehabilitation before you start letting people out of prison.”
The ADDA sued Gascon and the LA County District Attorney’s Office in state court last week, according to media reports.
"The Special Directives require County prosecutors to violate California law, to violate their oaths of office, and to violate their ethical and professional obligations," attorney Eric George wrote in the Dec. 30 complaint filed on behalf of the ADDA. "They must be immediately declared unlawful."
Hanisee said the ADDA would have preferred that Gascon be collaborative about achieving criminal justice reform.
“There are many very progressive prosecutors that are far more progressive than the public probably perceives who would have been very happy to sit down on a committee to talk about ways to accomplish Mr. Gascon’s goals within the boundaries of the law, which would include lobbying for change in the law,” Hanisee told the Southern California Record. “We have two dedicated prosecutors in Sacramento whose sole purpose is to lobby for legislation. It's a very active part of our office because that's the legitimate way to do it.”
Among the reforms the ADDA is questioning is a provision ordering prosecutors to dismiss special circumstances that have been found or admitted as true by a court or jury.
“The law very specifically prohibits that and a judge may not grant such a motion,” Hanisee said. “He's telling his attorneys to make a motion that has no basis in law. That becomes problematic.”
Gascón is reportedly merely following the reforms that voters who elected him demand, however the ADDA’s position is that voters cannot elect a politician to ignore the law.
“Elected officials must follow the law,” Hanisee said. “They can lobby to change the law and they can appeal it if they don't like it but they can't just choose to violate the law.”
Gascon’s supporters include the University of California at Berkeley Law School dean Erwin Chemerinsky and Stanford Law School professor David Mills.
In a statement online, they allege the ADDA’s legal challenge is indicative of the establishment's opposition to reform.
“DA Gascón’s policies will enhance health and safety in Los Angeles and begin a much-needed process to reduce epidemic levels of mass incarceration,” the press release states.