Senate Floor

Members, at this time, we will recess the regular session and convene the joint convention for the State of the judiciary. Address without objection. The Executive and a photographer will be allowed on the floor. Want to invite Senator Umber to please come forward. Okay, Members, we're going to take a.

Five minute recess as we bring our guests onto the floor. Want to ask you to please stay on the floor. We have further business to do today on the floor. And I want to remind Members that you need to stay on the floor because we're going to get started and we are not finished for the day. We have more, more things to do that may be joining us.

You. Okay? Members, we're going to begin today with Senator Umberg.

Well, thank you, Madam President. Good afternoon, and welcome to the 2023 State of Judiciary speech. It's been a while since we've been able to do this in person, and I don't think I've seen such an August group of leaders gathered here in the Senate chamber. But I've only been here 32 years or so. This is a tribute to the Independence of our Coequal branch of government and also to our newest Chief Justice. We're gathered here. Our colleagues from the Assembly will be joining us soon.

I think they're voting on something very important. Governor, I don't know if you know about this, but yes. And a tribute again to the Chief Justice and the branch that. We have the Attorney General here, Rob Bonta. We have the Governor of the State of California here, and we have leadership. So I want to also encourage. I see a number of important Members, leaders of the bar and the bench.

Members, when you get a call from the judges asking to come to work with them one day, please do so so we can see the important work, creative work, that's being done by our co equal branch of government. So, without further ado, let me turn this back over to the presiding officer, Senator Caballero.

Thank you, Senator Umberg. Members, the following Members have been selected as the escort Committee. Senator Umberg, Wahab, Durazo, and Wilk, and Assembly Members Meinschein, Cervantes, Connolly, and Reyes. Members, please go to the rear of the chamber to escort the Chief Justice to the rostrum. Chief Justice, we are so proud and pleased to have you here with us today. Welcome. I'd like to now introduce our speaker, Speaker Rendon.

Apologies. We were busy. Good to see everyone. Thank you. It's a pleasure to be here in the Senate chambers for this historic event. And I'm excited to hear the first State of the judiciary address by California's first Latina Chief Justice, Patricia Guerrero. In recent decades, California has been rightfully proud to add a series of historic firsts on the diversity front, both in elective office and in the judiciary. Diversity has made California great for centuries, and our Chief Justice will continue that tradition.

Many of us have had the opportunity to gather with Chief Justice Guerrero before this moment, since she has administered our oath of office when we began the two year session in December. We have a lot of work to do, as I'm sure she will discuss in today's address. So let's get on with it. I now have the honor to introduce my admired friend, colleague and Senate counterpart, Senate Pro Tem Tony Atkins.

Well, thank you, Mr. Speaker. Thank you for being my legislative partner. It's good to have you in the Senate chamber. So let me say good afternoon and welcome to the 2023 State of the judiciary address to the elected officials, the Members of the legal community and the Judicial Council and all other distinguished guests. I want to thank you for being here with us today.

And, of course, being from San Diego, county, I'm going to give a special welcome to all of our friends who are here today from San Diego, especially to be part of this address. Yes, those were the San Diego clapping. Governor, it's honor to have you here with us today. I know that you had a small role in her being here today with us, so we want to acknowledge you for that and thank you.

After a few Years' hiatus necessitated by the pandemic, I am so pleased that our colleagues in the judicial branch have reconvened to provide their State of the judiciary back in the Senate chamber. Here in the Legislature, we craft laws we hope, support our communities, strengthen our economy, and ensure just treatment for all people.

We debate and we refine public policy, but we're building on a foundation of legal precedents laid down by our predecessors, and we rely on our colleagues in the judicial branch to help interpret the laws that we have enacted. California court decisions have a very real, immediate effect on the lives of our state's 39 million plus residents and inspire advancement of jurisprudence in other states and federally.

In the wake of last year's devastating United States Supreme Court decision and the cruel actions of courts in other states, the power and the precision of the California courts has never been more critical to the health and liberty of people everywhere, not just in California. I, particularly, before I turn it over, want to welcome the associate Supreme Court justices who are with us today with our great thanks. Carol A. Corrigan Goodwin. Lou Goodwin. Lou.

Leandra Kruger, Joshua Groban, Martin Jenkins and Kelly Evans. I am overwhelmed with pride to introduce a fellow San Diegan and our newest California Supreme Court Chief Justice, Patricia Guerrero, to better represent the tapestry of communities and cultures that make our state great. The Supreme Court has evolved to be more reflective of our diversity. The daughter of immigrants, Chief Justice Guerrero is the first Latina in California history to serve on our state's highest court. And she is the first Latina leader. So on behalf of Speaker Rendon and I, please join us in welcoming to the Senate Chamber California's Chief Justice, Patricia Guerrero.

Thank you, Senate President Pro Tem Atkins. Speaker Rendon Attorney General Bonta and of course, Governor Newsom. I am proud to be with you here today and with my colleagues and staff from the California Supreme Court justices, judges and court executives from throughout the state, the Judicial Council, California Judges Association, the bench bar coalition, and our justice system partners and stakeholders. I am especially thankful that my family is here or intended to be.

My husband Joe, who's my biggest supporter, and our two sons, Anthony and Christopher, our greatest source of pride. And during the first State of the judiciary, addressed by a Latina Chief Justice of California, I would like to say, bienvenido satodos sobretodo quiradar Las gracias amipapa kenopudostaraqui connosotros perosient prestamicorason isiempremapoya.

I was honored to be nominated by Governor Newsom as California's 29th Chief Justice, the third woman and the first Member of the Latino community to hold this position in our constitutional democracy and to be elected to a 12 year term by a vote of the people of California. I would like to share with you and with any of the voters who may be watching a little bit about myself before discussing the judicial branch.

I am from the rural town of imperial in the Imperial Valley, the daughter of Mexican immigrants. Like so many other immigrants to this great country, my parents came here to escape poverty and to build a better life for themselves and for the family that they hoped to have. They sacrificed and they struggled to give me and my sister Claudia a better life and the privilege of being able to pursue the American dream. And for that I am forever grateful.

I learned the importance of hard work and perseverance from my parents. For my dad, Jorge, it was tough backbreaking manual labor in the heat of the imperial Valley, working as a cowboy, taming wild horses, working as a ferrier, and competing in Rodeos.

As a child, I always thought he worked that hard because he simply enjoyed it since he never complained about the grueling work and the long hours, he later explained to me that he worked hard because he had to so that I could work doing something that I love. I now have the privilege of being able to do that, and I hope to apply the same work ethic that I saw my father model.

My mother, Armita, cared for neighborhood kids in our home and later volunteered in an elementary school. She was my role model for strength and Independence. She was an avid reader who taught me the importance of an education. She taught me it is important to help people who are less fortunate than you, no matter what your own station in life may be, and I have tried to emulate the kindness and generosity toward others that I saw my mother and my sister emulate.

Although neither of my parents had much of a formal education, they taught my sister and me valuable life lessons. They taught us to value our family and our culture. They taught us to thank God for the many blessings that we have. They taught us to believe in ourselves and to have compassion for other people. They taught us never to look down on others and to never let anyone look down on you. And both of my parents encouraged us to follow our dreams.

My dreams were shaped in part by one of my teachers who told me that if I continued to do well, I could go to a good college like Berkeley or Stanford, and I was fortunate to be able to go to both. I started work at a local grocery store in the Imperial Valley when I was 16 years old. When I got into Berkeley, the first thing I did was go to a grocery store, get a job there.

I financed my education through scholarships and part time employment, working more than 20 hours a week. I earned my law degree from Stanford Law School. After graduating, I worked as an associate at a major law firm in San Diego and later at the same firm in San Diego. In San Francisco, I should say. I served in the US Attorney's office as a federal prosecutor. And then I did return to the same firm in San Diego, where I made partner and focused on complex litigation matters.

While in private practice, I still did pro Bono and volunteer work. That ultimately led me back to public service in the family law division of the San Diego Superior Court, and then on the court of Appeal, and now the California Supreme Court. That's a brief overview of my path from the Imperial Valley to the California Supreme Court, where as of today, I have now been in office 85 days.

Although the details may differ, it's a story common to Emmy, to many immigrant families who came to call California home. And it's the idea, as Governor Newsom describes it, that every person can achieve a better life in our state, regardless of where they came from. I recognize that I did not get here alone, and many others have helped to pave the way. I would like to thank my predecessor, Chief Justice Tawny Kantel Sakuwe, appropriately, during Women's history Month.

I would also like to highlight the fact that this is the first transition of judicial leadership from one female Chief Justice to another, and from one person of color to hold this position to another. We are both beneficiaries, certainly of our own hard work, but also a decades long commitment to building a pathway to the bench for qualified minority candidates by successive governors, the legal profession, and the judicial branch in partnership with bar associations and educators.

That commitment required a pathway to become an attorney, which before that required a belief by young people throughout the state that they could and should join the legal profession. And it required action by successive governors, in my case, former Governor Brown and Governor Newsom, to consider, promote, and encourage qualified applicants for appointments to the bench.

I expect there will be more appointments and transitions like this and with other variations in the future, and I certainly look forward to the second, third, and fourth occasions as what has been and still is in some ways exceptional, becomes normal in all areas of public service throughout our state. As I embark on my own tenure as Chief Justice, I will be informed by the lessons of my predecessors and their dedicated work.

Chief Justice Kantil Saka Uwe weathered the storms of the great recession and a global pandemic and brought greater predictability and accountability to the judicial branch. Budget Chief Justice Ron George strengthened the judicial branch with the creation of a single level trial court system and a transition from county to state court funding. And Chief Justice Malcolm Lucas did the same with his strategic planning for the judicial branch.

And Chief Justice Rose Bird helped generations to come by breaking gender barriers in our courts, four leaders who built on the foundation for improving the Administration of justice and enhancing fair and equal access to our court system for all Californians. I too hope to continue their important work.

And now I am privileged to serve on one of the most talented and diverse high courts in the nation, a collegial bench with a broad range of backgrounds and experience, all committed to justice and the rule of law, and perhaps one of the most innovative of state high courts, setting precedents in criminal justice, civil liberties, racial integration, and consumer protection that influence other states and even the federal bench.

75 years ago this year, the California Supreme Court, in the matter of Perez versus Sharp, ruled the state's ban on interracial marriage unconstitutional, and this occurred nearly two decades before the United States Supreme Court's landmark decision in loving versus Virginia, which finally struck down similar laws throughout the US. Every day, the dedicated public servants in the judicial branch work to provide fair, equal, and accessible justice to all Californians, no matter who they are or where in our state they call home.

They are all served by seven Supreme Court justices with 146 staff, six regional district courts of appeal with 106 justices and 762 staff, 58 county trial courts with 2005 judicial officers and 17,272 employees, all working out of 447 trial court facilities, 28 Members of the Judicial Council with 740 staff all serving nearly 40 million Californians. Whether you come from urban, suburban or rural populations, coastal, inland or mountain communities, agricultural, industrial, or technology centers, all of these communities and locations are served by California's courts.

They were served by judicial officers who, like me, on January 2, took an oath of office to support and defend the Constitution of the United States and the constitution of the State of California against all enemies, foreign and domestic. It's an oath that I proudly share with all of you in the Legislature, many of whom I had the opportunity to administer the oath of office to in December.

Our shared commitment to public service, the rule of law, and equal access to the opportunities provided to all Californians in this most diverse state in the nation continues to be focused on fairness, equity, and inclusion. I know that just like you, or just like me, 34 of you are new to your roles in the Legislature or have changed roles between the Assembly and the Senate.

So I invite you, and indeed all of the legislators, to visit your local trial courts through the Judicial Council and California Judges Association day on the bench program to really learn more about how your constituents access their local courts and how the courts serve your communities. As former US Supreme Court Justice Sandra Day O'Connor once noted, the Executive branch has the power of the sword, the legislative branch has the power of the purse, and the judicial branch has the power of the quill.

The Executive and legislative branches enacted about 1200 new laws in 2022, and many of them take effect in 2023. The judicial branch are courts interpret those new and existing laws and create case law through decisions that help to clarify the law and to provide uniformity for those future use or application of your laws. And that is how our constitutional democracy works and succeeds, with defined duties, roles, and responsibilities combined with necessary checks and balances between the branches of government, all in service to the people.

In terms of my own duties and responsibilities as Chief Justice of California, I wear three hats, as many of you know, and for those of you who don't, that means my work effectively tripled starting in January. In addition to serving as one of seven justices on the Supreme Court with additional administrative responsibilities for the court, I also lead the judicial branch and collaborate and advocate with their sister branches of government.

And I chair the Judicial Council of California, which is the policy and rulemaking body of the judicial branch. In my role as Chief Justice and chair of the Judicial Council, I want to thank former Administrative Director Martin Hoschino and the current Judicial Council leadership team, Justice Marcia Slough, Justice Karen Fujisaki, Judge MarLA Anderson, Judge Kyle Brody, and Judge David Rubin and judicial counsel and Advisory Committee Members and acting Administrative Director Millicent Tidwell and her Executive team for facilitating the transition.

The smooth transition of leadership within the judicial branch being a judicial counsel Member is like having a second voluntary job, and I stress voluntary because of their dedication to public service and to improving the Administration of justice. Combined with the quality services and access provided by courts throughout California, the State of the Judiciary is strong.

I plan to continue the collaborative work among the three branches of government to maintain and enhance the positive working relationship that have led to three branch solutions to address many issues facing our state and its people. There are many pathways that lead to interaction with our justice system, and some are more challenging than others.

So I applaud Governor Newsom and all of you for your efforts in exploring ways that meet and address the needs of Californians with untreated mental health, substance abuse challenges, and in crisis to gain access to housing, treatment and care. And the judicial branch will continue to play its role in supporting efforts through initiatives like our collaborative courts. The collaboration and the collaborative three branch solution process we have in California.

Government has also had a positive impact on the judicial branch budget in terms of available resources and stable funding to improve and expand court services, transparency and information sharing with you and with the Administration. Facilitating critical support from justice system partners and improving fact driven, data driven decision making has enhanced meaningful access to justice. Together, our collective efforts have made great progress toward achieving adequate, stable, and sustainable funding for the courts in recent years.

The judicial branch budget, as many of you know, makes up about 1.7% of the total state budget, and we're doing a lot with those taxpayer funds in the local communities that we all serve, as it should in good government. These critical ongoing investments come with increased accountability in reporting on various trial court and budgetary operational metrics.

This year, we provided our year one report to all of you in the Legislature on trial court operational metrics with various specified operational and budgetary data, and I look forward to more information sharing and discussions as we work through this year's budget process. We do so against the backdrop of working to adapt to a post pandemic environment.

Governor Newsom declared an end to the Covid-19 State of emergency last month, and while the impacts are still being felt by many, we are carrying forward the lessons learned from the necessity of having to change how we traditionally provided services during COVID The most striking of the lessons learned for the judicial branch is remote access, remote access to services, remote access to case information, and remote access to hearings and proceedings for many years, the judicial branch has been focused on three fundamental principles for access to justice.

Physical access, equal access, and remote access. We have been moving from inline to online whenever we can do so in a most effective way and when permitted. And we were using, while we were using, actually, the funding that we received from you, the innovation grant funding, and developing strategic and tactical plans for technology society was also evolving around us. The courts serve all of the generations.

I won't go over all of them, but from the golden generation to, I guess it's now, my son was telling me, the alpha generation and future generations to be named, and we must continue to meet people where they are. The younger generation, they're digital natives. They expect to access services and their government, not just online, but also on their smartphones, and they make up half of the nation's population.

So we have experienced the need to adapt because of COVID but also because of the changing demographics of court users and how they want to interact with us. But what we learned during the pandemic is that remote worked for pretty much everyone involved. There are still challenges with the digital divide and technology, but we can work together on solutions that are fair, equitable, and just. Feedback that we have received from the remote technology users in trial court civil matters has been overwhelmingly positive.

Courts held more than half a million civil remote proceedings over a seven month period, and more than 96% of the users during those remote proceedings reported that they had very favorable experiences. Our data shows that all 58 county superior courts are able to hold proceedings remotely in at least one case type and 39 in all or most case types. Juvenile delinquency and dependency users reflect that case.

Clearance rates in those categories actually improved over pre pandemic levels, and the youth participants in these cases preferred the online experience rather than having to appear in court. In some instances, vulnerable court users, like victims of domestic violence and elder abuse, reported that they had less anxiety and stress by not having to come and appear in court with their alleged perpetrator. Collaborative court participants also were able to appear remotely without disrupting drug or medical treatment.

And lastly, remote proceedings also helped with equity and fairness issues for people who otherwise would have to miss work, travel long distances, or incur transportation or other expenses to make very brief remote proceedings. The Supreme Court and the Judicial Council also leveraged technology to conduct remote proceedings and business meetings, and now can accommodate a hybrid participation to get the people's business done. Beyond technology, we are all also keenly aware of another major transformative driver, and that is the impact of climate change on our world.

Nation and state. With our western state neighbors, we are dealing with ongoing issues of access to water for our communities and industries. Thanks to your support, the Judicial Council has created an environmental program that's focused primarily on water law issues. This past year, we provided water law education programs and made resources that were available across the state.

We're following up on these efforts with an environmental law summit this summer, along with publications, podcast, and more training on issues related to the complex areas of water law, climate change, and environmental litigation. And with this expanded focus, we'll be better able to contribute to the broader policy discussions on water issues and their interaction with the court system. As I mentioned earlier, California's court system continues to become more diverse and more reflective of the wide variety of communities we serve.

At every level of court operations, it's now possible for a Member of the public to see someone who looks like them or who has a background and identity like them. Our state's diversity is a strength. For the 17th straight year, the data shows a steady increase in the number of women and judges of color. Female judicial officers now constitute nearly 40% of all judicial officers. The percentage of Asian, black and Hispanic judicial officers nearly doubled since 2006 when we first began keeping the data.

And we've made progress and have established a solid foundation that we can continue to build on into the future. Last December, the Judicial Council voted to amend our judicial branch strategic plan to further elevate and embrace our representatives, our representation and responsiveness to individual and group differences to leverage diversity, to foster an environment of respect and engagement. And what we did is added the word inclusion to our number one judicial branch goal.

An inclusive court is one in which individuals are, and more importantly, feel like they are respected and engaged. So our number one goal now is access, fairness, diversity and inclusion. Last year, through a legislative Bill, we included Native American Day as the judicial branch holiday. And this year, for the first time through another Bill that the Judicial Council supported, we will be celebrating Juneteenth as a state holiday. And this coming Friday, we recognize Caesar Chavez Day.

These and other such recognitions are reminders of the importance of the work on access, fairness, diversity and inclusion that is ongoing through initiatives across the branch. The Judicial Council's Advisory Committee on providing access and fairness is also developing a racial justice toolkit for the courts. We're working on expanding gender neutral forms, education on unconscious bias, and the prevention of discrimination and harassment is now mandatory for all judicial officers, and we're continuing to expand language access services. The list goes on and the work goes on.

Some may ask why I choose to focus on diversity during my first State of the judiciary address as Chief Justice of California. And my answer to you is because it's important. I would like to share a story regarding one of my recent outreach efforts when I was participating in a program and visiting an elementary school. Through the power of democracy program, the students were learning about the three branches of government and the judicial branch's role in upholding the rule of law.

Before I arrived, one student who did not speak English was told by one of his classmates who was translating for him, that someone like him was now Chief Justice of California. He and I were introduced and we had an opportunity to talk, and the lesson for him was concrete for that young student and for others like him. I believe it matters that they can see some of themselves in the Members of our courts.

When they look to this court, I believe they will also see a long tradition of judicial excellence. I hope to contribute my own voice and strength to that rich tradition of leadership as I embark on my tenure as Chief Justice of California. In my role, I will strive to learn from my predecessors. I will reconsider past practices, look for areas of improvement, and be transparent and accessible. In short, I will remain committed to access fairness and equal justice.

Some of my priorities include safeguarding and enhancing public confidence in the judiciary through programs like our civics learning initiatives and mentorship and training efforts increasing access to justice, including through the use of technology and increased provision of pro Bono legal services increased transparency improving efficiencies and increasing productivity without sacrificing quality and advocating for a stable budget that the judicial branch can continue to count on to make public access to justice a reality in all 58 counties.

In short, learning from the past, continuing our reputation as the finest state court system in the country and holding my office in trust and safeguarding it for the next Chief Justice and the next generation of leaders. And I invite all of you to join me in that journey because together we can make a difference. I would like to close with a word about my mother. My mother made everyone in her world feel seen and included.

She passed away from breast cancer nearly three years ago before I was able to share this experience with her, and my address to you here today is a tribute to her. Her American dream realized. The experiences of both my parents raising a family in the Imperial Valley, living in an immigrant community with what, on the surface, appeared to be limited resources and opportunities taught me the importance of caring for others rather than just looking out for your own self interest.

As Dr. Martin Luther King Jr. Expressed in his sermon titled three dimensions of a complete life. Life's most persistent and urgent question is, what are you doing for others? It's my answer to Dr. King's question and the lessons from my parents that has brought me here together with all of you today. A collective of individuals dedicated to public service, a collective of individuals committed to doing good and what is right for others. Let's continue to work together collaboratively.

Let's continue to question the issues and search for possible solutions. And let's continue to focus on the good that we can do for the Californians that we all serve. Thank you for listening.

Thank, it's, thank you very much, Chief Justice Guerrero, for being here today. Thank you to the Members of the Supreme Court who have joined us, as well as the Members from the Judicial Council. The Senate is honored to have you join us today. And I also want to thank our distinguished guests. Governor Newsom, Attorney General Bonta, Speaker Rendon, and also Members of the Assembly at this time will be recessing the joint convention of the Legislature and take a five minute recess.

I want to remind all Senators, please remain on the floor and thank you all for attending.