CA’s privatized public defense leads to caseloads 3x the most basic standards, report finds

In 2025, a single lawyer in Kings County represented almost 600 poor people accused of crimes. That figure, which rivals some of the worst public defense caseloads in the nation, does not include the attorney’s private personal injury clients.

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The high caseloads in Kings are part of a new report on California’s privatized public defender systems, which leave criminal defendants in many rural counties without access to appropriate representation. Two dozen California counties use flat-fee contracts to pay for indigent defense, meaning they pay private lawyers a fixed amount, regardless of how much work they do on a case. The arrangements disincentivize litigating and investigating cases and have been banned in other parts of the country.

“Flat fees place a financial conflict of interest in between the lawyer and the client,” said Josh Schwartz of The Wren Collective, a nonprofit organization that authored the report. “The fee is always going to be less profitable the more time and attention is spent on each case.”

Even the most permissive caseload standards recommend no more than 150 felonies or 400 misdemeanors per year. The report, which includes data from nine counties, shows that some lawyers working under flat-fee contracts in California have more than three times as many cases.

A CalMatters investigation last year highlighted the problems with flat-fee systems, focusing on a law firm that provides public defense in five of these counties. The firm, Fitzgerald, Alvarez and Ciummo, has gained a reputation as the WalMart of public defense. Our reporting found that its lawyers were less likely than other defense attorneys to investigate cases, challenge law enforcement’s evidence in legal motions and push their cases to trial. Defendants in these counties said they were pressured to accept plea deals and felt their lawyers were unwilling to fight for them in court.

Following the story’s publication, residents and community organizations in Madera County, where the firm has provided indigent defense for close to 40 years, began advocating for changes in local public defender services. In June, the Madera supervisors decided to extend the firm’s contract for just six months – rather than renew it for an additional four years – while they determine how to improve the system.

Linette Lomeli, executive director of the Madera Coalition for Community Justice, spearheaded some of the recent advocacy efforts in Madera County alongside the local chapter of the NAACP.

“I was in complete shock,” she said of learning about the caseloads and practices of Madera’s public defense contractor. “It’s super hard to ignore once you see the data.”

California is one of just two states that provide no funding for poor people’s basic criminal  defense, allowing its counties to structure local public defender systems however they see fit. Flat-fee systems, which are cheaper than operating a public defender office with government lawyers, appeal to local politicians with tight budgets.

Click here to read the full article at CalMatters

California bill would let abuse victims use trauma as legal defense for violent crime

Susan Bustamante isn’t giving up.

The formerly incarcerated 71-year-old woman has repeatedly made the long trip from Orange County to Sacramento to urge lawmakers to pass legislation she believes would help her fellow domestic abuse victims facing criminal charges.

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Each time, lawmakers seemed supportive — and then killed her bill in secret.

She hopes the fourth year in a row will be different.

Bustamante is again pushing for a measure, which police and prosecutors oppose, that would allow survivors of human trafficking and intimate partner or sexual violence to cite their abuse as a legal defense when facing charges for violent crimes, with the exception of most murder cases.

Those already convicted could also petition a judge to vacate their convictions. If the judge approves, their arrests and convictions would be treated as though they never happened. Their case files would be sealed and destroyed. Any fines and unpaid restitution to victims would be waived.

“I’m willing to fight for those who are not in the position that I am right now to be able to open my mouth and … fight for this,” she told CalMatters in an interview on Friday.

In 1987, Bustamante was sentenced to life in prison without the possibility of parole. Prosecutors alleged she hired her brother to kill her husband, Steven Bustamante, and helped dispose of his body for a $100,000 life insurance payout she split with her sibling.

Bustamante said she wasn’t allowed to tell jurors in her two-day trial about how her husband beat her and repeatedly threatened to kill her. She said she only asked her brother for help.

“The idea that he would kill Steven never occurred to me,” she told lawmakers last month. “Later, he called me to say that Steven was dead. He threatened to call the police and say I planned it. He blackmailed me for Steven’s insurance. I was afraid of having my daughters taken from me, so I gave in.”

Former California Gov. Jerry Brown commuted Bustamante’s sentence in 2017 after learning her story and reviewing her spotless prison record. Bustamante was freed the next year after three decades behind bars.

Bustamante said she would not qualify to have her case vacated under the measure.

California law already allows defendants to cite abuse they experienced and call in expert witnesses who can explain how their suffering affected their behavior. Judges also can factor in a defendant’s history with human trafficking and domestic violence during sentencing. This bill takes it further by allowing them to cite their abuse as a legal defense when charged with a violent crime.

California law also allows those charged with or convicted of nonviolent offenses to petition courts for similar legal relief.

Ninth Circuit Delivers Promising Injunction Against CA’s SAFETY Act’s Parental Secrecy Rules

This is a small victory to reclaim parental rights in California from an increasingly aggressive nanny-state

In a modest yet symbolically important ruling, the U.S. Court of Appeals for the Ninth Circuit has granted a preliminary injunction blocking enforcement of Sections 5 and 6 of Assembly Bill 1955—the Support Academic Futures and Educators for Today’s Youth Act, or SAFETY Act—against the specific parent plaintiffs in City of Huntington Beach v. Newsom.

Handed down on June 18, 2026, after reconsideration, the order applies only to those parents involved in the lawsuit and only with respect to information about their own children. It does not invalidate the provisions statewide or extend relief to every family in California. Still, the judicial panel’s reasoning rests on solid constitutional ground and could serve as a foundation for broader challenges that ultimately strike down these sections in full.

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The decision turned decisively on the U.S. Supreme Court’s per curiam order earlier this year in Mirabelli v. Bonta. In that case, the high court recognized that parents hold fundamental rights under the Due Process Clause of the Fourteenth Amendment to direct the upbringing and education of their children. This includes the right to participate in decisions about their children’s mental health and to receive relevant information from schools, particularly regarding matters like gender dysphoria or identity issues.

The Supreme Court found that policies shielding such information from parents were likely unconstitutional and that objecting parents were likely to succeed on the merits. It effectively lifted barriers that had prevented injunctive relief from taking effect in related challenges.

Citing this precedent, the Ninth Circuit panel concluded that the Huntington Beach parents “very likely have standing because they are objects of the challenged exclusion policies.” The court stressed that “parents—not the State—have primary authority with respect to the upbringing and education of children” and possess “the right not to be shut out of participation in decisions regarding their children’s mental health.” It further held that AB 1955 “forbids the mandatory policies that the Constitution requires,” that depriving parents of these rights constitutes irreparable harm, and that the injunction advances child safety by ensuring fit parents remain involved in consequential decisions about their own kids.

Sections 5 and 6 of the SAFETY Act added Education Code provisions that prohibit school employees or contractors from being required to disclose information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent (unless otherwise required by law). They also bar school districts from enacting or enforcing policies that would mandate such disclosures. While sold as protecting student privacy and preventing “forced outing,” these rules effectively empower schools to keep parents in the dark about significant developments in their children’s lives.

This limited injunction represents a small victory in the larger struggle to reclaim parental rights in California from an increasingly aggressive nanny-state. Sacramento’s progressive policymakers have shown a troubling pattern of inserting government officials and ideologically aligned school personnel between parents and their children on deeply personal matters like health, education, values, and identity.

Click here to read the full article in CalMatters

Meta and Google damaged girl’s mental health, landmark trial concludes

Finding of liability for girl’s addiction to Instagram and YouTube could open floodgates to thousands more lawsuits

Meta and Google have been found liable in a landmark court verdict for the harm caused to a young woman who became addicted to their platforms.

The ruling in Los Angeles — after a six-week trial in which Mark Zuckerberg, the founder of Meta, gave evidence — is expected to open the floodgates to further lawsuits from families of youngsters harmed by an addiction to social media.

The case was brought by a 20-year-old woman from California who said the social media giants intentionally designed their services to be addictive, comparing their harm to cigarettes.

She said that her mental health had suffered after she became hooked as a child on Instagram, owned by Meta, and YouTube, owned by Google.

The progress of the case was being closely watched by grieving families of victims. They were supported by the Duke and Duchess of Sussex, who have used their charitable organisation, Archewell, to campaign for better digital safety.

Zuckerberg, one of the world’s richest men, testified that his company had adequate safety measures. After more than 40 hours of deliberation over nine days, a jury ruled that the Silicon Valley giants were liable.

Click here to read the full article in the Times

Judge who OK’d ballot seizure spoke glowingly about Republican sheriff leading investigation

The judge who approved a request for Riverside County Sheriff Chad Bianco to seize more than 650,000 ballots last month touted the sheriff’s endorsement before he was first elected in 2022, and spoke glowingly about Bianco on a podcast in the run-up to the election that year. The two men also share other key political backers and donors.

Bianco’s controversial probe into the November election in Riverside County has kept his name in the headlines as he campaigns for governor. Bianco has touted the warrants Riverside County Superior Court Judge Jay Kiel signed as evidence of his investigation’s legitimacy.

“The judge thinks it should be counted,” Bianco told the Chronicle on Tuesday, referring to Kiel’s signature on a March 19 warrant for sheriff’s officials to begin hand-counting hundreds of thousands of seized ballots under the supervision of a court-chosen special master.

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Asked about obtaining warrants from a judge he has endorsed and who endorsed him, Bianco lambasted Democrats and distanced himself from his office’s election investigation.

“The only reason Democrats believe that politics is involved is because that is their entire life,” he said. While saying that his investigators initiated the probe, he added, “This is about investigations into elections fraud and elections irregularities that have been going on since 2022. … But I play absolutely no part in it.”

Bianco’s investigation and his stated reasons for it have been contested and condemned by local and state election officials and election law scholars who say it resembles FBI raids of elections offices in Georgia and Arizona. California Attorney General Rob Bonta sued Monday to stop Bianco’s hand count.

California Democrats’ crowded field of gubernatorial candidates has allowed Bianco to hover around second place in polls, despite being a Republican with very little name recognition or funds in a deep blue state.

Click here to read the full article in the SF Chronicle

California GOP urges Supreme Court to freeze new congressional map before midterms

The Republicans argue that the Democrat-friendly map used racial considerations to redraw the districts rather than politics, which the high court previously approved.

WASHINGTON (CN) — The California Republican Party asked the Supreme Court to throw out the Golden State’s new congressional map before the midterm election in November, challenging it as a racial gerrymander.

In an emergency application to Justice Elena Kagan on Tuesday, the Republicans are requesting an injunction as the appeal moves forward that would temporarily reinstate the 2021 California Redistricting Committee map.

Specifically, the party is seeking action from Kagan, as the Barack Obama appointee is the justice assigned to the Ninth Circuit, by Feb. 9, the start of California’s candidate filing period.

The Golden State, led by California Governor Gavin Newsom, pushed to redraw the state’s congressional map after Texas Republicans first moved to increase the number of GOP-friendly seats at President Donald Trump’s urging.

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Texas’ new map will be on the books for this year’s midterms after the Supreme Court’s conservative majority approved it last month over racial gerrymandering concerns, finding a lower court had wrongfully “inserted itself into an active primary campaign” and thrown the map out “on the even of an election.”

California’s new map — which was ultimately approved by the state’s voters in Proposition 50 — would eliminate as many as five Republican-held seats and boost Democrats efforts to retake control of the House of Representatives in November.

California Republican Party Chairwoman Corrin Rankin slammed the new congressional map in an emailed statement, calling it a “backroom redraw that picks winners and losers based on race.”

“California cannot create districts by race, and the state should not be allowed to lock in districts that break federal law,” Rankin said. “Our emergency application asks the Supreme Court to put the brakes on Prop. 50 now, before the Democrats try to run the out the clock and force candidates and voters to live with unconstitutional congressional districts.”

The Republicans sued to challenge the new map on Nov. 5, 2025, the day after Proposition 50 was approved by voters.

In that case, Tangier v. Newsom , a three-judge panel of the lower court rejected the state party’s arguments in a 2-1 decision, finding no evidence of a racial gerrymander, only a partisan one.

Click here to read the full article in the Courthouse News Service

Delay in decision points to Federal Court upholding Proposition 50 constitutionality

Three-Judge Federal court hearing the challenge to Newsom’s Congressional gerrymander was expected to act by December 19, still has not filed an Opinion Order

Though the initial time-line was never mandated, the Federal Court in Los Angeles reviewing the constitutional challenge to the Congressional District revisions under Proposition 50 was expected to act last week, by December 19. The court held two days of evidentiary hearings on December 15 and 16 and closed its courtroom proceedings after receiving arguments from both sides last Wednesday, December 17, after which it took the matter “under submission” for the preparation of what was expected to be a quick Order deciding the matter.

Both sides in the matter had reminded the Court that December 19 was an important day. And on more than one occasion the Court chided the parties, especially the Newsom Defendants, for foot-dragging in the case, noting that time was of the essence. This is because for the 2026 Primary Election in California, the formal process for prospective candidates for Congress began on December 19. Referred to as the “Signatures-in-Lieu of Filing Fee Period,” from December 19 to February 4, 2026, prospective Congressional candidates are given an early window to collect signatures to reduce of eliminate their filing fees for office. Later in the year, from February 9 to March 6, 2026, the candidates actually declare their candidacies with county elections officials.


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The Plaintiffs are asking for a Preliminary Injunction (“PI”) in the case, declaring Prop. 50 unconstitutional and allowing the state and county officials to begin processing next year’s Congressional elections in California pursuant to the lines drawn on 2021 by the Independent Commission that Prop. 50 replaces. Generally speaking, a PI is an extraordinary type of relief, issued before a full-blown trial, when a court determines it is highly likely the Plaintiffs will win the case at trial. A PI is usually issued quickly after the hearing, because the idea is this is temporary relief that is immediately required.

The delay of the Court in issuing an Order and not making a decision for more than a week after the close of courtroom proceedings gives some indication that at least a majority of the Court (2 of the judges are Democrat appointments, one is a Trump appointment) don’t feel that the situation is now so urgent as to step in with a quick decision to stop county election officials from processing prospective candidates under the Proposition 50 lines. In fact, if the Court were to issue a PI now, the Order would be more disruptive to the local processes than it would have been if issued last week, because of confusion and the “do-over” it would create of the proper residency of in-lieu signers, based on differences in Congressional lines.

Click here to read the full article in James V. Lacy’s Substack

California Supreme Court denies GOP request to block redistricting proposal

SAN FRANCISCO — California’s Supreme Court on Wednesday denied an emergency petition by state Republican lawmakers and the Dhillon Law Group to block a special election on redistricting in the fall.

The lawsuit, which was filed Monday, claimed that California’s Democratic-controlled Legislature violated the state constitution and laws around redistricting by preparing congressional maps that they do not have the power to draw.

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“The petition for writ of mandate and application for stay are denied,” the court’s docket entry stated.

Proposition 50 will ask voters this November to change congressional maps for the next three congressional elections and support independent redistricting nationwide. California Democrats have vowed to “fight fire with fire” in response to other congressional maps being redrawn for Republican advantage in Texas.

“48 hours later, this case has already been rejected,” Gov. Gavin Newsom wrote on X. “Keep em coming, @GOP. We’ll keep winning.”

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The Republican plaintiffs in the case, Sens. Suzette Martinez Valladares and Tony Strickland and Assemblymembers Tri Ta and Kathryn Sanchez criticized the court in a response.

“The Supreme Court’s abdication in its responsibility to be a checks and balance on the other branches of the government, let alone deny the opportunity to even hear the arguments being made, undermines voter confidence and sets a terrifying precedent that the governor and a willing legislature can blatantly disregard and violate the constitution at will, without the fear of any accountability or punishment,” their statement said. “We are watching in real time the destruction of law-and-order, and of our republic at the hands of a democratic governor, democratic super-majority legislature and Supreme Court. This is likely only a sad preview of what is to come if Prop 50 passes. We will continue to fight on behalf of Californians seeking an honest and accountable government.”

The California Supreme Court previously rejected a request from Republicans to freeze the state’s redistricting efforts before it was approved by lawmakers.

Click here to read the full article in KCRA

Erik and Lyle Menendez are a step closer to leaving prison, but freedom won’t come quickly

LOS ANGELES (AP) — Erik and Lyle Menendez still have a long way to go before they can walk out of prison, even though the Los Angeles County district attorney has recommended their life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole.

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The brothers, convicted in the 1989 killings of their parents at the family’s Beverly Hills mansion, will need to get a judge to go along with the recommendation Los Angeles District Attorney George Gascón made Thursday and then a parole board must approve their release. The final stop is with Gov. Gavin Newsom, who could reject the board’s decision.

It’s an uncertain process likely to stretch out over months.

Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.

Prosecutors at the time contended that there was no evidence of molestation. The brothers’ first trial ended in a hung jury, and prosecutors secured a conviction in the second after much of the evidence of abuse was disallowed from the trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.

Meanwhile, Gascón faces fights over his resentencing recommendation: His opponent in his bid for reelection next month, as well as some of his own prosecutors, have called the latest development in the case politically motivated and the result of a recent Netflix documentary about the notorious crime.

Michele Hanisee, president of the Association of Los Angeles Deputy District Attorneys, on Wednesday said Gascón’s decision smacks of “opportunism” to get headlines.

“Throughout his disastrous tenure as DA, Gascón has consistently prioritized celebrity cases over the rights of crime victims, showing more interest in being in the spotlight than in upholding justice,” Hanisee said in a statement.

Click here to read the full article in AP News

Southern California school district sues Gov. Newsom over new gender-identity law

SACRAMENTO, Calif. (AP) — A Southern California school district involved in an ongoing legal battle with the state over the district’s gender-identity policy sued Democratic Gov. Gavin Newsom Tuesday over a new law banning districts from requiring that parents be notified of their child’s gender identification change.

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The Chino Valley Unified School District and a handful of parents argued the law violates the rights of parents protected under the U.S. Constitution.

“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” Emily Rae, a lawyer representing the district, said in a statement.

But Newsom spokesperson Izzy Gardon called the lawsuit “deeply unserious” and said the new law “preserves the child-parent relationship.”

“California law ensures minors can’t legally change their name or gender without parental consent, and parents continue to have guaranteed and full access to their student’s educational records consistent with federal law,” Gardon said in an email. “We’re confident the state will swiftly prevail in this case.”

Attorney General Rob Bonta sued Chino Valley Unified over a rule its board approved last year requiring school staff to notify parents if their children change their gender identification or pronouns. Bonta said the law discriminated against gender non-conforming students. A judge halted the policy while the case plays out, and the district later updated the rule to broadly require parents to be notified if their child asks to make any changes to their student records.

LGBTQ+ advocacy groups lauded the new California law, while opponents said the ban makes it harder for schools to be transparent with parents.

Newsom signed the first-in-the-nation law Monday, which bans districts from requiring school staff to disclose a student’s gender identity or sexual orientation to any other person without the child’s permission, with some exceptions. It also requires the state Department of Education to develop resources for families of LGBTQ+ students in grade 7 through high school. The law will take effect in January.

Proponents of the ban say it will help protect transgender and gender-nonconforming students who live in unwelcoming households.

“This critical legislation strengthens protections for LGBTQ+ youth against forced outing policies, provides resources for parents and families of LGBTQ+ students to support them as they have conversations on their terms, and creates critical safeguards to prevent retaliation against teachers and school staff who foster a safe and supportive school environment for all students,” Tony Hoang, executive director of LGBTQ+ advocacy group Equality California, said in a statement.

But some conservative groups, including the California Family Council, said the law violates parents’ rights.

“This bill undermines their fundamental role and places boys and girls in potential jeopardy,” Jonathan Keller, the council’s president, said in a statement. “Moms and dads have both a constitutional and divine mandate to guide and protect their kids, and AB 1955 egregiously violates this sacred trust.”

Click here to read full article in AP News