May 19, 2008 – Assemblyman Mike Davis -- “AB 2095 provides us with the opportunity to achieve the goal of transparency as it applies to the selection process of judges in the state of California,” Assemblyman Mike Davis (D-Los Angeles) said today.

Assemblyman Davis made his comments in conveying to the Assembly House the need for a more transparent system in the selection of judgeships. The current judicial appointments process uses anonymous individuals on local committees from various regions, who vet judicial aspirants prior to submitting the applications to the State Bar’s Commission on Judicial Nominees Evaluation (JNE). There’s no certainty of diversity on these local committees and outcomes of their work leave the public unsure of fairness in attempts to achieve diversity.

 “Given our challenge from the U.S. Supreme Court regarding egregious disparity in California’s sentencing laws, it is imperative to consider diverse backgrounds when determining who should judge accused citizens. With the anonymity utilized in the current system, it is impossible to determine the diversity of these local committees who assist in the judgeship selection process,” Assemblyman Davis continued.  “Our goal ought to be the same as the goal of other government agencies in this country, which is to achieve inclusion for all of the citizens that it serves to the extent possible.”

The Los Angeles lawmaker noted that there are twenty seven states in the United States that require that the names of the judicial nomination-recommendation commissions be made public.  

AB 2095 will make revisions to the current judicial selection process to ensure that there is equity and transparency at all levels in the selection process for the purpose of ensuring fairness in our judicial system.

When we look at the population in California we are a majority-minority state, yet the current majority of California’s judges are Caucasian, while the prison population consists of an inordinate amount ethnic minorities. Approximately, 29% percent of African American males make up our state prison population and approximately, 37% are Latino males. The current selection process does not result in our best representation of judges given the disproportionate amount of people of minorities incarcerated and the wide disparity in sentencing.

 “I believe that there is a direct relationship between the diversity in the judiciary and criminal justice reform. In adopting the transparency similar to other states we can begin to achieve the inclusion that I believe will make a difference in addressing these disparities in sentencing ,” Assemblyman Mike Davis continued.

“ Please join me in supporting this effort, I ask for an “aye” vote ,” he concluded.

Other legislators that rose in support of AB 2095 included Assemblymembers Ted Lieu (Chair, Asian Pacific Islander Legislative Caucus), Dave Jones (Chair, Assembly Committee on Judiciary), and Joe Coto (Chair, Legislative Latino Caucus) – all which are joint-authors – and Assemblymember Charles Calderon (Chair, Committee on Revenue and Taxation) and Assemblymember Todd Spitzer (Chairman, Select Committee on Prison Construction and Operation).

Davis believes that the Governor’s office will be inclusive of women and minorities and that we can structure a process that California citizens can strongly support.

The Governor will have a chance to appoint 150 new judges over the next couple of years, as well as replace retiring judges. Now is a good time to consider AB 2095 and achieve transparency.