Public Defender Disqualified from Case for Race-Related Statement in Plea Bargain Negotiations
From Sanchez v. Superior Court, decided yesterday by California Court of Appeal Justice Richard Fields, joined by Justice Manuel Ramirez:
In this writ proceeding, defendant and petitioner Enrique Sanchez seeks a writ of mandate ordering respondent superior court to vacate its order directing the San Bernardino County Public Defender (public defender) to assign a new attorney from its office to represent petitioner in his criminal proceedings. The trial court issued the order after receiving evidence that the deputy public defender currently assigned to represent him made remarks invoking defendant’s race as a factor to consider during plea negotiations, potentially in violation of the Racial Justice Act (RJA). We conclude that petitioner has failed to establish an abuse of discretion warranting reversal of the trial court’s order under the circumstances presented in this case. As such, we deny the petition….
In October 2023, the People filed an information alleging petitioner committed multiple criminal offenses arising out of an incident that occurred on January 7, 2023. {[From the dissent: -EV] Sanchez was charged with kidnapping to commit rape, rape by force or fear, infliction of corporal injury on a spouse or cohabitant, forcible oral copulation, and assault with a deadly weapon. Kidnapping to commit rape carries a sentence of life without parole.}
The public defender was appointed as defendant’s counsel and a specific deputy public defender from its office (deputy public defender) was assigned to handle defendant’s case. On December 4, 2023, the prosecutor … stat[ed] that she engaged in a plea negotiation with the deputy public defender and, in the course of that negotiation, the deputy public defender became frustrated and stated: “‘I really don’t care.’ … [R]ead between the lines …. I am a white man. What do I care? It’s not my people we are incarcerating.'”
When the prosecutor asked for clarification about the remarks, the deputy public defender stated that he expected the prosecutor to show more leniency because the prosecutor and defendant appeared to be the same race, stating: “‘[Y]ou are part of the problem. Look around you, all the people being incarcerated are your people. I will just look like a mean defense attorney. You should be part of the solution.'”
Based upon this exchange, the prosecutor requested that the deputy public defender’s remarks be disclosed to petitioner and that the trial court evaluate whether a conflict existed requiring removal of the deputy public defender from petitioner’s representation in this matter…. The deputy public defender did not dispute that he made the comment: “I’m just a white guy; why should I care?” and did not dispute that he urged the prosecutor to consider defendant’s race in considering her plea offer. Instead, the deputy public defender explained that his comment was made “sarcastically” and that his only intent was to pursue petitioner’s best interests….
[T]he trial court ordered that (1) the public defender’s office assign a new attorney to handle defendant’s case, and (2) the public defender take steps to isolate any persons who have worked on defendant’s case thus far from further involvement in the case. In making its order, the trial court concluded that the deputy public defender assigned to defendant’s case made comments that “at least trigge[r] the potential of an issue with the Racial Justice Act”; the failure to raise such a claim could potentially constitute ineffective assistance of counsel; any appointed appellate counsel would be bound to investigate and raise the claim in a future proceeding; and that it would be reasonable to take steps to avoid this necessity in future proceedings….
The majority of the appellate panel agreed with a trial court; here’s an excerpt from the long opinion:
The RJA, “effective January 1, 2021, added section 745 to the Penal Code. The Legislature enacted the [RJA] with the express intent ‘to eliminate racial bias from California’s criminal justice system’ and ‘to ensure that race plays no role at all in seeking or obtaining convictions or in sentencing.'” As written, the RJA includes a mandatory provision providing that “[t]he state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.” It also includes permissive provisions providing a procedural mechanism for a criminal defendant to seek relief for a violation of the statute. Where a violation of the RJA has occurred, any resulting conviction or sentence may be rendered legally invalid, requiring retrial of an entire case after declaration of a mistrial, empaneling of a new jury, or vacatur of a judgment….
The RJA Created an Actual Conflict of Interest in This Case …
“Criminal defense counsel has the duty to investigate carefully all defenses of fact and of law that may be available to the defendant…. ‘The defendant can reasonably expect that before counsel undertakes to act, or not to act, counsel will make a rational and informed decision on strategy and tactics founded on adequat
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